Herron v. State
Mississippi Supreme Court
Appeal from tbe circuit court of Warren county. IIon. E. L. Bbien, Judge. Joe Herron was convicted of securing money on a check knowing that be bad no funds to pay it, and appeals. On the following indictment the defendant Joe Herron was tried and convicted and sentenced to serve two years in the state penitentiary: State of Mississippi, Warren County.
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Appeal from tbe circuit court of Warren county. IIon. E. L. Bbien, Judge. Joe Herron was convicted of securing money on a check knowing that be bad no funds to pay it, and appeals. On the following indictment the defendant Joe Herron was tried and convicted and sentenced to serve two years in the state penitentiary: State of Mississippi, Warren County. Circuit Court, March Term, 1918. The grand jurors of the state of Mississippi, elected, summoned, impaneled, sworn and charged to inquire in and for the body of Warren county, state of Mississippi at the term aforesaid, in the name and by the…
1Opinion of the CourtSmith, C. J.
The indictment upon which appellant was tried, which the reporter will set out, is fatally defective, in that it contains no allegation that appellant intended to defraud Jones Smokehouse, an intent to defraud being an essential element of the crime defined by chapter 120 of the Laws of 1916 (section -897, Hemingway’s Code), upon which the indictment is predicated.
Since the omitted allegation goes to the very essence of the offense attempted to be charged the omission thereof was not waived by appellant’s failure to demur *423thereto. Section 1426, Code of 1906; section 1182, Hemingway’s Code;…
2Cases cited3 opinions
- Cook v. StateMississippi Supreme Court · 1895
- State ex rel. Schoenhausen v. KingSupreme Court of Louisiana · 1895
- Taylor v. StateMississippi Supreme Court · 1896
3Cited by11 opinions
- Westmoreland v. StateMississippi Supreme Court · 1971
- Burnett v. StateMississippi Supreme Court · 1973
- Kelly v. StateMississippi Supreme Court · 1948
- Rogers v. StateMississippi Supreme Court · 1945
- Taylor v. StateMississippi Supreme Court · 1952
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