State v. Ellis
Mississippi Supreme Court
Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Ceph Ellis was indicted for burglary. From a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Newton county. Hon. C. L. Dobbs, Judge. Ceph Ellis was indicted for burglary. From a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court. In regard to the averment in an indictment of the ownership of property which is the subject of a burglary, the principle involved in the rule is simply that the property should be identified. ' The title to the property,, or the estate of the particular person in the property is not at all involved in the charge, on the trial of such an indictment. The…
1Opinion of the CourtReed, J.
Appellee was indicted for burglary. The indictment charged that on the-day of February, 1912, in Newton county, the appellee “did then and there willfully, feloniously, and burglariously break and enter a rail*544road car on the sidetrack of the New Orleans, Mobile & Chicago Railroad Company, incorporated, in the town of Union, in said county and state.” There is no statement in the indictment showing the ownership of the car. A demurrer was filed to the indictment, on the ground that it failed to charge ownership of the property alleged to have been burglarized. The trial judge. sustained the…
2Cases cited1 opinion
- James v. StateMississippi Supreme Court · 1899
3Cited by3 opinions
- Crosby v. StateMississippi Supreme Court · 1941
- Wright v. StateMississippi Supreme Court · 1922
- Clinton v. StateMississippi Supreme Court · 1932