Scott v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Marshall County. 'Hon. J. W. C. WatsoN, Judge. A statement of the case is contained in the opinion of the court. The doctrine declared in the case of Moore v. The State, 59 Miss. 25, is conclusive of this case.
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Appeal from the Circuit Court of Marshall County. 'Hon. J. W. C. WatsoN, Judge. A statement of the case is contained in the opinion of the court. The doctrine declared in the case of Moore v. The State, 59 Miss. 25, is conclusive of this case. If an assault and battery is not necessarily included in an indictment for murder, under the statute, and the appellant could not be convicted of an offence of which she was not charged, the motion in arrest of judgment was erroneously overruled. The evidence of the appellant’s guilt is overwhelming. She complains that the jury was lenient. If the…
1Opinion of the CourtChalmers, J.
Appellant was indicted in the statutory form for the murder of her husband, the indictment alleging that she “ wilfully, feloniously, and of malice aforethought killed and murdered ” him. There was no allegation of any assault or battery. Under this indictment she was convicted of an assault and battery with iutent to murder. Upon the comiug in of the verdict she moved in arrest of judgment upon the ground that she could not lawfully be convicted of the offence found, under the indictment preferred, which motion was by the court overruled.
The action of the court was erroneous, as shown by the…
2Cases cited1 opinion
- Moore v. StateMississippi Supreme Court · 1881
3Cited by20 opinions
- Faraga v. StateMississippi Supreme Court · 1987
- Johnson v. StateMississippi Supreme Court · 1987
- Watson v. StateSupreme Court of Georgia · 1902
- Hailey v. StateMississippi Supreme Court · 1988
- Sullivan v. StateIndiana Supreme Court · 1957
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