Legal Opinion

Isaacs v. State

Mississippi Supreme Court

Decided April 15, 1873PublishedCited by 5 opinions

Error to the circuit court of Warren county. Brown, J. The facts of the case are stated in the opinion of the court. The errors assigned are as follows: 1. The court erred in its instructions for the state, and in refusing those asked for by the accused. 2. The court erred in refusing to quash the indictment, and the record fails to show that the motion to quash was ever disposed of. 3. The court erred in overruling the motion of plaintiffs in error for a new trial. 4. The…

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Error to the circuit court of Warren county. Brown, J. The facts of the case are stated in the opinion of the court. The errors assigned are as follows: 1. The court erred in its instructions for the state, and in refusing those asked for by the accused. 2. The court erred in refusing to quash the indictment, and the record fails to show that the motion to quash was ever disposed of. 3. The court erred in overruling the motion of plaintiffs in error for a new trial. 4. The indictment is insufficient, and the verdict is not supported by the evidence.

1Opinion of the Court

Tarbell, J.:

N. Isaacs, M. Wolf, A. Cohen and A. Lewis, were jointly indicted in the Warren county circuit court in 1871, for a conspiracy to cheat and defraud Herman & Moss, and I. Rheinhart, merchants of Yicksburg, of their personal property, viz.: goods, wares and merchandise. After arraignment and plea, there was a motion to quash the indictment on the grounds that it “ does not allege that the property mentioned was obtained by the prisoners or either of them;” that it “ does not state that the property was obtained by prisoners, or any of them by reason of false pretense, nor is the…

2Cited by5 opinions

  1. Moore v. StateMississippi Supreme Court · 1974
  2. King v. StateMississippi Supreme Court · 1920
  3. O'Donnell v. PeopleAppellate Court of Illinois · 1903
  4. Dufour v. United StatesCourt of Appeals for the D.C. Circuit · 1911
  5. Hustead v. StateCourt of Criminal Appeals of Texas · 1923

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