Brown v. State
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Jepp Truly, Judge. Brown, the appellant, was indicted, tried, and convicted of burglary, and appealed to the supreme court. The indictment charges that appellant did break and enter, etc., the storehouse of Aaronson, etc.
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From the circuit court of Pike county. Hon. Jepp Truly, Judge. Brown, the appellant, was indicted, tried, and convicted of burglary, and appealed to the supreme court. The indictment charges that appellant did break and enter, etc., the storehouse of Aaronson, etc. The proof showed that the ownership of the freehold of the property entered was in one Moyse, but that Aaronson had rented the house for a storehouse, and used and occupied it as such at the time the goods were stolen therefrom. The court refused the following instruction asked for defendant: “If the jury believe in this case…
1Opinion of the Court
Whitetkld, J.;
delivered the opinion of the court.
The ownership - was properly laid in Aaronson. He had rented the house as a storehouse, occupied it, and used it as such, and the goods were stolen therefrom. In Webb v. State, 52 Ala., 423, the rule is thus correctly stated: “The authorities collected in the best text-books on criminal procedure justify us in declaring that, where there is a right to the use and occupation of the building in one who is actually occupying, distinct from the ownership of the freehold or the reversionary right- on the expiration of the term of the occupier, the…
2Cases cited3 opinions
- James v. StateMississippi Supreme Court · 1899
- Markham v. StateSupreme Court of Georgia · 1858
- Houston v. StateSupreme Court of Georgia · 1868
3Cited by8 opinions
- Crosby v. StateMississippi Supreme Court · 1941
- Johnson v. StateMississippi Supreme Court · 1982
- Wright v. StateMississippi Supreme Court · 1922
- Davis v. StateMississippi Supreme Court · 1935
- Clinton v. StateMississippi Supreme Court · 1932
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