Rayborn v. State
Mississippi Supreme Court
Appeal from the circuit court of Walthall county. Hon D M. Miller, Judge. Clarence Rayhorn was convicted of unlawfully, wilfully and maliciously and feloniously setting fire to and burning a fence and appeals. The facts are fully stated in the opinion of the court. The corpus delicti was not proven. The rule as laid down in the Pitts case, 43 Miss. 472, is that the proof must show that the fence was burned and that it was burned through some criminal agency.
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Appeal from the circuit court of Walthall county. Hon D M. Miller, Judge. Clarence Rayhorn was convicted of unlawfully, wilfully and maliciously and feloniously setting fire to and burning a fence and appeals. The facts are fully stated in the opinion of the court. The corpus delicti was not proven. The rule as laid down in the Pitts case, 43 Miss. 472, is that the proof must show that the fence was burned and that it was burned through some criminal agency. This statement of the law was cited and approved in Spears v. The State, 92 Miss. 613, and has not been questioned since that time.…
1Opinion of the CourtSykes, J.
The appellant, Clarence Rayborn, was indicted and convicted in the circuit court of Walthall county of the crime of unlawfully, willfully, maliciously, and feloniously setting fire to and burning a certain fence. The indictment was based upon section 1042 of the Code of 1906. He was sentenced to a term of six months on the county farm and to pay a fine of $100.00, from which sentence and judgment this appeal is prosecuted.
An affidavit was originally made against this appellant' before a justice of the peace, to which, in the justice of the peace court, he pleaded guilty and was sentenced, but…
2Cases cited5 opinions
- Spears v. StateMississippi Supreme Court · 1908
- Stanley v. StateMississippi Supreme Court · 1903
- Barron v. StateMississippi Supreme Court · 1916
- Jenkins v. StateMississippi Supreme Court · 1910
- Jenkins v. StateMississippi Supreme Court · 1872
3Cited by6 opinions
- Dycus v. StateMississippi Supreme Court · 1983
- Gross v. StateMississippi Supreme Court · 1941
- Perkins v. StateMississippi Supreme Court · 1931
- Williams v. StateMississippi Supreme Court · 1922
- Sykes v. StateMississippi Supreme Court · 1930
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