Jimerson v. State
Mississippi Supreme Court
From the circuit court of Madison county. Hon. Wiley H. Potter, Judge. Jimerson, appellant, was indicted for an assault and battery with intent and in the attempt to kill and murder one Pay. His demurrer to the indictment for duplicity was overruled. From the conviction and sentence, following his trial before a jury, he appealed to the supreme court. The facts are fully stated in the opinion of the court.
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From the circuit court of Madison county. Hon. Wiley H. Potter, Judge. Jimerson, appellant, was indicted for an assault and battery with intent and in the attempt to kill and murder one Pay. His demurrer to the indictment for duplicity was overruled. From the conviction and sentence, following his trial before a jury, he appealed to the supreme court. The facts are fully stated in the opinion of the court. The contention of appellant is that Code 1906, § 1043, enumerates, manifestly, quite a number of separate and distinct felonies, and provides punishment for their commission and 'that a…
1Opinion of the CourtWhitfield, C. J.
The indictment in this case is drawn under Code 1906, § 1043, and was demurred to on the ground that it charged distinct and independent felonies to the number of six, and punishable, too, by different penalties. This is an entire misconception of the effect of the language used in the indictment. The substantial charging part of the indictment is as follows: “Present that James Jimerson did then and there willfully, unlawfully, feloniously, and of his malice aforethought make an assault upon the person of one E. A. Pay with a certain deadly weapon, to-wit, a pistol, with intent and in the…
2Cases cited5 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- Roberts v. StateMississippi Supreme Court · 1877
- Dalton v. StateMississippi Supreme Court · 1907
- Clue v. StateMississippi Supreme Court · 1900
- Ward v. StateMississippi Supreme Court · 1907
3Cited by9 opinions
- Stinson v. StateMississippi Supreme Court · 1983
- Sauer v. StateMississippi Supreme Court · 1932
- Brady v. StateMississippi Supreme Court · 1922
- Woods v. StateMississippi Supreme Court · 1946
- State v. SamMississippi Supreme Court · 1929
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