Legal Opinion

Sarah v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 21 opinions

Error to Warren circuit court. Baenett, J. 1. To sustain an indictment under the 53d section of Hutch» Code, 521, it must appear in proof that the poison or medicine was prepared or administered by the defendant under the pretense that it was a medicine; and proof that the defendant merely prepared or administered poison “ with intent to kill,” will not sustain the indictment. The latter offense is punishable under the succeeding section of the same page.

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Error to Warren circuit court. Baenett, J. 1. To sustain an indictment under the 53d section of Hutch» Code, 521, it must appear in proof that the poison or medicine was prepared or administered by the defendant under the pretense that it was a medicine; and proof that the defendant merely prepared or administered poison “ with intent to kill,” will not sustain the indictment. The latter offense is punishable under the succeeding section of the same page. No adjudicated case can be found upon the question, as there has been found no statute similar to it. It is, however, submitted, that the…

1Opinion of the Court

Smith, C, J.:

The prisoner was convicted in the circuit court of Warren county, under the provisions of the fifty-third section of the statute of 1822, Hutch. Dig., 521.

The indictment contains two counts. The first count charges the .willful, malicious, unlawful and felonious preparation of a certain medicine, namely arsenic, alleging the said arsenic to be a deadly poison, and that the prisoner well knew that arsenic was such deadly poison, “ with intent there and then to kill” the persons named in the indictment, “ contrary to the form of the statute,” etc. The second count charges the “…

2Cases cited19 opinions

  1. Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. Weinzorpflin v. StateIndiana Supreme Court · 1844
  3. People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. People v. RyndersNew York Supreme Court · 1834
  5. Johnson v. StateSupreme Court of Alabama · 1856

14 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. People v. AikinMichigan Supreme Court · 1887
  2. Henry v. StateSupreme Court of Alabama · 1859
  3. Teat v. StateMississippi Supreme Court · 1876
  4. Stinson v. StateMississippi Supreme Court · 1983
  5. George v. StateMississippi Supreme Court · 1872

16 more not listed; retrieve them via the Exa API.

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