Legal Opinion

Mitchell v. State

Mississippi Supreme Court

Decided February 20, 1961No. 41767PublishedCited by 5 opinions

1Opinion of the CourtArrington, J.

The appellant, Charlie M. Mitchell, was convicted in the Circuit Court of Stone County, from which judgment he appeals to this Court.

The prosecution was instituted in the Justice of the Peace Court in Stone County upon an affidavit charging him with the crime of trespass, based on Chapter 246, Laws of 1960.

While the affidavit is inartfully drawn, it sufficiently charges the offense of trespass. We have held that in misdemeanors it is only necessary that the offense be substantially charged. Sowell v. State, 102 Miss. 599, 59 So. 848. Consequently, it follows that the demurrers were properly…

2Cases cited5 opinions

  1. Clark v. StateMississippi Supreme Court · 1957
  2. Elzey v. StateMississippi Supreme Court · 1915
  3. Gatlin v. StateMississippi Supreme Court · 1949
  4. Waldrup v. StateMississippi Supreme Court · 1928
  5. Sowell v. StateMississippi Supreme Court · 1912

3Cited by5 opinions

  1. Roberts v. Mississippi State Highway CommissionMississippi Supreme Court · 1975
  2. In re D.D.H.Mississippi Supreme Court · 2018
  3. Carroll Brothers, LLC, Ben's Back Alley Kitchen, LLC and Benjamin Carroll v. Christopher Graham, In His Official Capacity as the Commissioner of the Mississippi Department of RevenueMississippi Supreme Court · 2026
  4. In re D.D.H.Mississippi Supreme Court · 2018
  5. Patrick Latrell Gray v.Mississippi Supreme Court · 2018

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