State v. Presley
Mississippi Supreme Court
From the circuit court of Tippah county. Hon. James B. Boothe, Judge. Presley, appellee, was indicted, tried and convicted of rob' bery. His motion in arrest of judgment, however, was sustained and a judgment rendered by the trial court discharging him from custody. From this judgment the State appealed to the supreme court. The indictment is for robbery and was manifestly drawn under § 1361 of the Code which is the same as the common law definition of the offense.
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From the circuit court of Tippah county. Hon. James B. Boothe, Judge. Presley, appellee, was indicted, tried and convicted of rob' bery. His motion in arrest of judgment, however, was sustained and a judgment rendered by the trial court discharging him from custody. From this judgment the State appealed to the supreme court. The indictment is for robbery and was manifestly drawn under § 1361 of the Code which is the same as the common law definition of the offense. It charges that the defendant did unlawfully, feloniously, forcibly and violently rob and steal and take from the person of…
1Opinion of the CourtCalhoon, J.
The indictment for robbery is under Code 1906, § 1361. There was trial, conviction, and then a motion in arrest of judgment and for discharge. The grounds of the motion were because (1) the indictment is fatally defective, in that it does not charge an assault; (2) because it does not charge an intent to rob or'steal; (3) because it does not allege a larceny; (4) because it does not charge that the person robbed was “ put in fear’7; (5) because it does not charge that the taking was “ against the will. The court sustained this motion, and ordered the defendant discharged from further…
2Cases cited1 opinion
- Smith v. StateMississippi Supreme Court · 1903
3Cited by9 opinions
- State v. TraylorMississippi Supreme Court · 1911
- Wexler v. StateMississippi Supreme Court · 1932
- Pearson v. StateMississippi Supreme Court · 1963
- State v. MasseySupreme Court of Missouri · 1918
- State v. SnowdenMississippi Supreme Court · 1933
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