Coulter v. State
Mississippi Supreme Court
From the circuit court of Attala county. HoN. W. F. Stevens, Judge. The facts, in so far as necessary to an understanding of the decision, are stated in the opinion of the court. The original affidavit charged no offense in this case under the statute of the state.
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From the circuit court of Attala county. HoN. W. F. Stevens, Judge. The facts, in so far as necessary to an understanding of the decision, are stated in the opinion of the court. The original affidavit charged no offense in this case under the statute of the state. Newman v. State, 69 Miss., 393. But two modes are prescribed to call citizens to answer for crime — for felony, by indictment; for misdemeanor, before justice of the peace, “on affidavit of the commission of any crime of which he has jurisdiction.” Constitution 1890, section 27. As to the mode of proceeding before justices of the…
1Opinion of the Court
Woods, C.. J.,
delivered the opinion of the court.
The affidavit made before the justice of the peace, by which it was attempted to charge the defendant criminally, was so *358imperfectly framed as that the fact constituting the gist of the offense was omitted. After appeal to the circuit court, the district attorney, by leave of the court, amended the affidavit by supplying the omission in the affidavit as originally drawn, so as to properly charge the offense really intended to be charged, and, after the amendment, the affidavit was not again sworn to by anyone. This action is the only error…
2Cited by11 opinions
- Henry v. StateMississippi Supreme Court · 1963
- Moran v. StateMississippi Supreme Court · 1925
- Bramlette v. StateMississippi Supreme Court · 1942
- Sullivan v. StateMississippi Supreme Court · 1928
- Brown v. StateMississippi Supreme Court · 1902
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