Barton v. State
Mississippi Supreme Court
From the circuit of, first district, Yalobusha county. Hon. Samuel C. Cook, Judge. Barton, appellant, was indicted and tried for assault with intent to commit rape uj)on Susan Barton, a woman of previous chaste character, was convicted, sentenced to the penitentiary for five years, and appealed to the supreme court The indictment was returned by the grand jury on February 11, 1907. The evidence showed that the alleged crime was committed September 1, 1906. The indictment…
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From the circuit of, first district, Yalobusha county. Hon. Samuel C. Cook, Judge. Barton, appellant, was indicted and tried for assault with intent to commit rape uj)on Susan Barton, a woman of previous chaste character, was convicted, sentenced to the penitentiary for five years, and appealed to the supreme court The indictment was returned by the grand jury on February 11, 1907. The evidence showed that the alleged crime was committed September 1, 1906. The indictment contains the following words: “Did with force then and there in and upon Susan Barton, a female person of previous chaste…
1Opinion of the CourtWhiteield, C. J.
The indictment in this case was manifestly drawn under Code 1906, § 1359, a new statute first introduced by that code. That code went into effect October 1, 1906. The evidence shows *378conclusively that the alleged offense was committed September 1, 1906. No indictment, of course, could have been predicted of this statute for an offense committed before the statute was a law. This point was raised in the court below .and overruled. The trial was proceeded with, and the defendant convicted and sentenced to the penitentiary for five years. Code 1906, § 1359, under which alone manifestly he was…
2Cited by2 opinions
- Newburn v. StateMississippi Supreme Court · 1967
- John v. StateMississippi Supreme Court · 1941