Richards v. State
Mississippi Supreme Court
From circuit court of Yalobusha county. Hon. Z. M. Stephens, Judge. Winfred Richards was convicted of gambling, and appeals. Appellant and one Edward Wilbourn were indicted in the same indictment, which charged that “Winfred Richards and Edward Wilbourn did . . . unlawfully play at a certain game and games of dice, commonly -called ‘ craps, ’ for money, ’ ’ etc.
Read the full summary
From circuit court of Yalobusha county. Hon. Z. M. Stephens, Judge. Winfred Richards was convicted of gambling, and appeals. Appellant and one Edward Wilbourn were indicted in the same indictment, which charged that “Winfred Richards and Edward Wilbourn did . . . unlawfully play at a certain game and games of dice, commonly -called ‘ craps, ’ for money, ’ ’ etc. This indictment was demurred to by appellant as being an indictment for separate offenses in which two were joined. The demurrer was overruled by the court below, and at the trial defendant was convicted. The indictment in this case…
1Opinion of the CourtWhitfield, J.
Strawhern’s case, 37( Miss., 422, is cited to show that the indictment in this case is not a joint indictment. It is true the *270court, arguendo, say that the indictment there was not joint, because of the omission of the words £ £ with ” or £ £ together with.” But the indictment in Ball v. State, 67 Miss., 358, omitted these words, and was properly held to be a joint .indictment. See the last sentence in the opinion. This is the true rule. 1 Bish. New Grim. Proced., sec. 471, and authorities, where Mr. Bishop states it to be the common practice to omit these words and simply charge that the…
2Cases cited1 opinion
- Ball v. StateMississippi Supreme Court · 1889
3Cited by1 opinion
- State v. McPhersonSouth Dakota Supreme Court · 1913