Jones v. State
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. Plaintiff in error, jointly with one Thompson, was indicted for tbe larceny of two mules, property of ¥a Adkins and Lem. B. Sides. He moved to quash the indictment for the following reasons to wit: 1st. Because in alleging the larceny as to the property stolen, the term “personal ” is left out as to the first mules averred to be stolen. ,, 2d.
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Error to the Circuit Court of Madison County. Hon. W. B. Cunningham, Judge. Plaintiff in error, jointly with one Thompson, was indicted for tbe larceny of two mules, property of ¥a Adkins and Lem. B. Sides. He moved to quash the indictment for the following reasons to wit: 1st. Because in alleging the larceny as to the property stolen, the term “personal ” is left out as to the first mules averred to be stolen. ,, 2d. Because of uncertainty in describing the property, the averments being “one mule, did take,” etc., without the color, size, height or sex being stated, which is too general to…
1Opinion of the CourtTarbell, J.
The plaintiff in error having been convicted under § 2652 of the code, of grand larceny, brings his case to this court for review. *722The indictment charges the larceny of “ one mule, the property of William Adkins, of the value of $100,” and “ one mule of the value of $100, of the personal property of Lem. B. ’Sides.”
There was a motion to quash the indictment on two grounds : 1. Because of the omission of the term “ personal ” from the averment of the theft of the mule of William Adkins; 2. Because of uncertainty in the description of the mules, their age, color, size, sex, etc., not being…
2Cases cited9 opinions
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