Miller v. State
Mississippi Supreme Court
Error, to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. 1. The amendment of the indictment was error. Me Quire v. State, 35 Miss. 367. 2. The statute, § 2799, Code 1871, is unconstitutional. § 31, Bill of Rights; art. 1, Const. 1869. 3. The indictment was bad, because it did not charge an assault and battery with a deadly weapon.
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Error, to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. 1. The amendment of the indictment was error. Me Quire v. State, 35 Miss. 367. 2. The statute, § 2799, Code 1871, is unconstitutional. § 31, Bill of Rights; art. 1, Const. 1869. 3. The indictment was bad, because it did not charge an assault and battery with a deadly weapon. Williams v. State, 42 Miss. 329. 1. The amendment of the indictment was authorized by the Code of 1871, § 2799, and no application was made for a continuance. 2. The indictment is sufficient under the provisions of the Code: “ Every person who shall…
1Opinion of the CourtCampbell, J.
The plaintiff in error, having been convicted of an assault with a deadly weapon, with intent to kill and murder, prosecutes her writ of error, and complains that the indictment is bad, because it does not charge a battery, and Williams v. State, 42 Miss. 328, is relied on in support of this point. That decision was in reference to art. 18, p. 575, Code of 1857, which differs from § 2497 of the Code of 1871, under which this indictment *405was found, in that an assault and battery with a deadly weapon, &c., was made punishable by the former, while “ any assault, or assault and battery,” &c., is…
2Cases cited1 opinion
- Williams v. StateMississippi Supreme Court · 1872
3Cited by14 opinions
- Rhymes v. StateMississippi Supreme Court · 1994
- Quick v. StateMississippi Supreme Court · 1990
- Jones v. StateMississippi Supreme Court · 1973
- Bingham v. StateMississippi Supreme Court · 1983
- Blumenberg v. StateMississippi Supreme Court · 1878
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