McAlpin v. State
Mississippi Supreme Court
Appeal from circuit court of Jones county. Hon. R. S. Hall,- Judge. A. N. McAlpin was convicted of receiving stolen property, and he appeals. The learned attorney-general in Ms brief states that the first assignment of error of appellant can avail him nothing for the reason that the American Railway Express Company and the American Express, Company are one and the same corporations.
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Appeal from circuit court of Jones county. Hon. R. S. Hall,- Judge. A. N. McAlpin was convicted of receiving stolen property, and he appeals. The learned attorney-general in Ms brief states that the first assignment of error of appellant can avail him nothing for the reason that the American Railway Express Company and the American Express, Company are one and the same corporations. I assume from his argument, therefore, that if these companies be separate and distinct legal entities, then the proof is insufficient to warrant a conviction of the charge in the indictment. Of course, fairness…
1Opinion of the CourtSmith, C. J.
The appellant was convicted of receiving stolen property. The indictment alleged that the property stolen was owned by the American Railway Express Company, a corporation; but the’’ proof disclosed that it was owned by the American Express Company, a corporation.
The ownership of the property alleged to have been stolen must be proven as laid in the indictment, 34 Cyc. 523. Consequently the appellant’s request for a peremptory instruction should have been granted.
Reversed and remanded.
2Cited by4 opinions
- Hitt v. StateMississippi Supreme Court · 1953
- Bruce v. StateMississippi Supreme Court · 1953
- Carter v. StateMississippi Supreme Court · 1980
- Pippin v. StateMississippi Supreme Court · 1921