Taylor v. State
Mississippi Supreme Court
From the circuit court of Quitman county. The facts are stated in the opinion. The opinion of this court in Goole v. State, 72 Miss., 517, clearly maintains our position. It is well settled that when the indictment is fatally defective this co.ui't will, even when no demurrer or motion in arrest is made, quash it. Kirie1 s case, 13 Smed. & M., 406. The indictment in this cause does not charge that the intent to kill Gibson and others was with malice aforethought.
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From the circuit court of Quitman county. The facts are stated in the opinion. The opinion of this court in Goole v. State, 72 Miss., 517, clearly maintains our position. It is well settled that when the indictment is fatally defective this co.ui't will, even when no demurrer or motion in arrest is made, quash it. Kirie1 s case, 13 Smed. & M., 406. The indictment in this cause does not charge that the intent to kill Gibson and others was with malice aforethought. When the charge in an indictment is the intent to kill some human being, the intent must be charged to have been with malice…
1Opinion of the CourtStookdale, J.
Lawrence Taylor was tried and convicted at the September, 1896, term of the circuit court of Quitman county, on an in*547dictment charging him (after the formal part thereof) in the following words, to wit: “That one Lawrence Taylor, late of the county aforesaid, on the twenty-first day of September, A.D. 1896, with force and arms, in the county aforesaid, and within the jurisdiction of this court, wilfully, feloniously and maliciously, did then and there mingle a large quantity, to wit, one drachm, of poison, to wit, strychnine, with a certain food, to wit, milk, with intent then and there…
2Cases cited4 opinions
- Jesse v. StateMississippi Supreme Court · 1854
- Sarah v. StateMississippi Supreme Court · 1872
- Cook v. StateMississippi Supreme Court · 1895
- Maxwell v. StateMississippi Supreme Court · 1890
3Cited by8 opinions
- Westmoreland v. StateMississippi Supreme Court · 1971
- Taylor v. StateMississippi Supreme Court · 1952
- Herron v. StateMississippi Supreme Court · 1918
- Langford v. StateMississippi Supreme Court · 1960
- Buchanan v. StateMississippi Supreme Court · 1910
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