Maxwell v. State
Mississippi Supreme Court
From the circuit court of Prentiss county. HoN. Look E. Houstoh, Judge. The indictment in this case charges that the appellant, Maxwell, “ did in the night time wilfully and feloniously set fire to and burn” certain goods. A motion to quash was overruled, and from a judgment of conviction the defendant appeals.
Read the full summary
From the circuit court of Prentiss county. HoN. Look E. Houstoh, Judge. The indictment in this case charges that the appellant, Maxwell, “ did in the night time wilfully and feloniously set fire to and burn” certain goods. A motion to quash was overruled, and from a judgment of conviction the defendant appeals. Section 2710, code 1880, uiider which the indictment was framed, provides that every person who shall “ wilfully set fire to or burn” any of the property therein mentioned shall, on conviction, be imprisoned, etc. The indictment does not charge that the burning was maliciously done,…
1Opinion of the CourtCooper, J.
Pretermitting the expression of any opinion in reference to the sufficiency of the description of the property destroyed, the indictment must be quashed, because of the absence of the averment of the defendant’s malice.
The precise point involved was decided in Jesse v. The State, 28 Miss. 100.
*341It is to be Hoped that in framing a new indictment greater care will be observed in reference to all the points to which exception was taken by the motion to quash.
The judgment is reversed, the indictment quashed, and the accused directed to he held to ansioer such indictment as may he preferred against…
2Cases cited1 opinion
- Jesse v. StateMississippi Supreme Court · 1854
3Cited by2 opinions
- State v. LongSupreme Court of North Carolina · 1956
- Taylor v. StateMississippi Supreme Court · 1896