James v. State
Mississippi Supreme Court
Feom tlie circuit court of Washington county. IíoN. F. A. MoNtgomeby, Judge. Allen James and Edward Clark were indicted for burglary and larceny.
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Feom tlie circuit court of Washington county. IíoN. F. A. MoNtgomeby, Judge. Allen James and Edward Clark were indicted for burglary and larceny. Tlie indictment charged the breaking and entering of a railroad car, the property of the Illinois Central Railroad Company, a corporation, with intent to steal the personal property of the said corporation then in the said car; and further charged the stealing from said car of a number of pairs of shoes, the property of the ITamilton-Brown Shoe Company, a corporation. There was no proof of the corporate existence of either corporation. Clark and…
1Opinion of the CourtWhiteield, J.
We have seldom had before us a more unintelligible record. *372So far as Edward Clark is concerned, it is sufficient to say that the conviction is utterly unwarranted by the testimony.
As to Allen James, we notice the contentions of learned counsel for the appellant, as .follows: When the indictment charges burglary with larceny, the averment of ownership in the part charging the larceny is surplusage, and may be rejected. The precise point is decided in Brown v. State, 72 Miss., at page 990 (18 So. Rep., 432), and also in Harris v. The State, 61 Miss., at page 304. The principle is stated in…
2Cases cited6 opinions
- Berry v. StateSupreme Court of Georgia · 1893
- Warwick v. StateSupreme Court of Alabama · 1883
- Lea v. StateMississippi Supreme Court · 1886
- Tyler v. StateMississippi Supreme Court · 1891
- Dick v. StateMississippi Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Murphy v. StateMississippi Supreme Court · 1990
- Newburn v. StateMississippi Supreme Court · 1967
- Lee v. StateMississippi Supreme Court · 1959
- McRee v. StateMississippi Supreme Court · 1999
- Bone v. StateMississippi Supreme Court · 1949
20 more not listed; retrieve them via the Exa API.