Ainsworth v. State
Mississippi Supreme Court
Error to tbe circuit court of Clarke county. Tbe prisoner was indicted under tbe act of 1839, in tbe words following, to wit: “ That Sampson Ainsworth, late of the county aforesaid, laborer, on the 20th day of September, 1839, with force and arms in tbe county aforesaid, one Alson Shelby, in and upon tbe left arm of him, tbe said Alson Shelby, then and there feloniously and maliciously did, with a certain drawn knife, stab and wound, with intent then and there, feloniously,…
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Error to tbe circuit court of Clarke county. Tbe prisoner was indicted under tbe act of 1839, in tbe words following, to wit: “ That Sampson Ainsworth, late of the county aforesaid, laborer, on the 20th day of September, 1839, with force and arms in tbe county aforesaid, one Alson Shelby, in and upon tbe left arm of him, tbe said Alson Shelby, then and there feloniously and maliciously did, with a certain drawn knife, stab and wound, with intent then and there, feloniously, wilfully, and of his malice aforethought, the said Alson Shelby, to kill and murder, contrary to the form of the…
1Opinion of the Court
Turner, J.:
The exception to this indictment is, that the supposed offense is a statutory offense, and not an offense at common law, and is not described in the substantial language of the statute.
It is said, in our law authorities, that it is in general necessary, not only to set forth on the record all the circumstances which make up the statutable definition of the offense, but also to pursue the precise and technical language in which they are expressed. 1 Chitty Cr. Law, 283 ; and other authbrities there cited. See also Starkie Cr. Pleading, 248.
The statute speaks of an assault and…
2Cited by1 opinion
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