Legal Opinion

Smith v. State

Mississippi Supreme Court

Decided October 15, 1903PublishedCited by 4 opinions

Erom the circuit court of Claiborne county. Hon. George Anderson, Judge. Edward and Richard Smith, appellants, were indicted, tried and convicted of robbery, and appealed to the supreme court. The facts touching the contents of the indictment, upon which the case was alone decided, are stated in the opinion of the court.

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Erom the circuit court of Claiborne county. Hon. George Anderson, Judge. Edward and Richard Smith, appellants, were indicted, tried and convicted of robbery, and appealed to the supreme court. The facts touching the contents of the indictment, upon which the case was alone decided, are stated in the opinion of the court. The indictment is based on section 1284 of the Annotated Code of Mississippi, which reads as follows, to wit: “Bobbery; definition, etc.; fear of immediate injury. — • Every person who shall feloniously take the personal property of another, in his presence or from his person…

1Opinion of the CourtWhitfield, C. J.

The indictment is founded on section 1284 of the Code of 1892, which is as follows:

“Every person who shall feloniously take the personal property of another, in his presence or from his person and against his will, by violence to his person or®by putting such person in fear of some immediate injury to his person, shall be guilty of robbery.”

The indictment, in its charging part, is as follows: “Present that Edward Smith and Richard Smith feloniously in and upon the body of one Boone Irby an assault making, did then and there put him, the said Boone Irby, in bodily fear and danger with the…

2Cited by4 opinions

  1. State v. PresleyMississippi Supreme Court · 1907
  2. Baygents v. StateMississippi Supreme Court · 1929
  3. Bruce v. StateMississippi Supreme Court · 1934
  4. Webb v. StateMississippi Supreme Court · 1911

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