Dees v. State
Mississippi Supreme Court
From the circuit court of Pike county. ITon. Moyse IT. Wilkinson, Judge. Walter Dees and Charles Fleming, appellants, were jointly tried and convicted of burglary upon an indictment charging burglary and larceny; were sentenced to the penitentiary for seven years, and appealed to the supreme court.
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From the circuit court of Pike county. ITon. Moyse IT. Wilkinson, Judge. Walter Dees and Charles Fleming, appellants, were jointly tried and convicted of burglary upon an indictment charging burglary and larceny; were sentenced to the penitentiary for seven years, and appealed to the supreme court. Tbe indictment charged that the appellants on a designated date “did unlawfully, wilfully, feloniously and burglariously break and enter into the storehouse of Holmes Brothers, then and there the goods, wares and personal property of saicf Holmes Brothers wilfully and feloniously to take, .steal…
1Opinion of the CourtWhitfield, C. J.
The learned counsel for appellants insist that, since the indictment charges burglary and larceny, and the verdict is a general one of guilty as charged, that means a verdict of guilty of burglary alone, as held in Roberts v. State, 55 Miss., 421. This is undoubtedly correct. Learned counsel further insist that the second instruction refused to the defendants ought to have been given,, which is as follows: “The court instructs the jury, for the defendants, that if you believe from the evidence that Chapman broke open Holmes’ store, unassisted by either of the defendants, and that he in so…
2Cases cited2 opinions
- Roberts v. StateMississippi Supreme Court · 1877
- Strait v. StateMississippi Supreme Court · 1900
3Cited by4 opinions
- Bradshaw v. StateMississippi Supreme Court · 1966
- Holderfield v. StateMississippi Supreme Court · 1952
- Wood v. StateMississippi Supreme Court · 1929
- Clanton v. StateMississippi Supreme Court · 1951