Legal Opinion

Jefferson v. State

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 1 opinion

Error to the circuit court of Lawrence county. Smiley, J. ' The opinion of the court states all the facts upon which it is expressed. Contended that the indictment is defective, charging no offense, and that it should be quashed and the prisoner discharged. The indictment in this case is based on the Revised Code of 1857, p. 575, art. 18 (Rev. Code of 1871, §2497), and charges the offense in the exact words of the statute.

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Error to the circuit court of Lawrence county. Smiley, J. ' The opinion of the court states all the facts upon which it is expressed. Contended that the indictment is defective, charging no offense, and that it should be quashed and the prisoner discharged. The indictment in this case is based on the Revised Code of 1857, p. 575, art. 18 (Rev. Code of 1871, §2497), and charges the offense in the exact words of the statute. This is all that the authorities respecting indictments for statutory offenses require. 2 Bishop’s Cr. Pr., §§131-141, 142, and authorities there cited. Under a similar…

1Opinion of the Court

Tarbell, J. :

This case comes to the supreme court from the circuit court of Lawrence county upon the sufficiency of the indictment; the testimony is not sent up. It appears from the record that the plaintiff in error was indicted at the -term, 1871, of the' court below, for a violation of the first clause of art. 18, p. 575, Code of 1857, in the following words: “That William Jefferson * * * with force and *272arms * * * did then and there willfully shoot at William Smith, against the peace and dignity of the state of Mississippi,” which is a literal observance of the general rule that…

2Cases cited3 opinions

  1. Clark v. StateSupreme Court of Alabama · 1851
  2. Ike v. StateMississippi Supreme Court · 1872
  3. Ferris v. SmithSupreme Court of Vermont · 1851

3Cited by1 opinion

  1. Hussey v. StateMississippi Supreme Court · 1926

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