State v. Sims
Mississippi Supreme Court
From the circuit' court of, first district, Chickasaw county. Hon. Eugene 0. Sykes, Judge. Sims, appellee, was defendant in the court below; from a judgment sustaining a demurrer to the indictment the state appealed, to the supreme court. The opinion states the case.
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From the circuit' court of, first district, Chickasaw county. Hon. Eugene 0. Sykes, Judge. Sims, appellee, was defendant in the court below; from a judgment sustaining a demurrer to the indictment the state appealed, to the supreme court. The opinion states the case. The language of the statute is, “Every person who shall be convicted of . any assault and battery upon another, with any deadly weapon or other means or force likely to produce death, with intent to kill and murder,” shall be punished, etc. Whether the weapon used is a deadly weapon, the allegation, as in this case, that it was,…
1Opinion of the Court
Terral, J".,
delivered the opinion of the court.
The appellee was indicted for assault and battery with intent to kill and murder. The indictment with great particularity and technicality of expression averred that Clink Sims, “in and upon Shelley Thompson did feloniously make an assault with a certain deadly weapon, to wit, a brick, and with said brick did then and there willfully and feloniously strike and wound said Shelley Thompson, with the willful and felonious intent then and there him, the said Shelley Thompson, willfully, feloniously, and of his malice aforethought to kill and murder,…
2Cited by12 opinions
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- State v. SchumannSupreme Court of Iowa · 1919
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