Stark v. State
Mississippi Supreme Court
From the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Stark, appellant, was convicted of having indecently exposed the private parts of his person in a public place — a singing school — and was sentenced to thirty days’ imprisonment. He appealed to the supreme court. The intent that actuated the defendant in doing the act complained of is the gist of the offense. The exposure must have been ‘1 willfully and lewdly done.”
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From the circuit court of Winston county. Hon. Guión Q. Hall, Judge. Stark, appellant, was convicted of having indecently exposed the private parts of his person in a public place — a singing school — and was sentenced to thirty days’ imprisonment. He appealed to the supreme court. The intent that actuated the defendant in doing the act complained of is the gist of the offense. The exposure must have been ‘1 willfully and lewdly done.” Code, 1892, § 1218. In this instruction the words £ £ willfully and lewdly’ ’ modify only the word £ £ exposed. ’ ’ The word £ £ urinated’ ’ is not modified by…
1Opinion of the CourtCalhoon, J.
The indictment was drawn under code, § 1218, against the exposure of the person in a public place, etc. The statute requires the exhibition to be “willfully and lewdly” made. Thé indictment charges that it was ‘£ unlawfully and willfully ’ ’ made, omitting the word £ £ lewdly. ’ ’ If this may be left out, so may the wore) £ £ willfully, ” by the same process of reasoning, leaving the whole charge to depend on the word £ £ unlawfully.” We hold, therefore, that the indictment is void on its face. The statute does not use the word £ £ unlawfully. ’ ’ The pleader very properly did, but he failed…
2Cases cited5 opinions
- Roberts v. StateMississippi Supreme Court · 1877
- Harrington v. StateMississippi Supreme Court · 1877
- Cook v. StateMississippi Supreme Court · 1895
- Dee v. StateMississippi Supreme Court · 1891
- Lewis v. StateMississippi Supreme Court · 1873
3Cited by7 opinions
- J&b Entertainment, Inc. v. City of Jackson, MississippiCourt of Appeals for the Fifth Circuit · 1998
- Lanier v. StateMississippi Supreme Court · 1994
- Richmond v. City of CorinthMississippi Supreme Court · 2002
- Spears v. StateMississippi Supreme Court · 1965
- Pendergrass v. StateMississippi Supreme Court · 1966
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