Avant v. State
Mississippi Supreme Court
From the circuit court of the second district of Panola county. Hon. Eugene Johnson, Judge. The case is stated in the opinion. It was necessary to prove ownership as laid in the indictment. "When, the proof developed that the house did not belong to S. E. Holcomb, the state might have amended, but did not do so. The variance is fatal. • 1 Am. Crim.
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From the circuit court of the second district of Panola county. Hon. Eugene Johnson, Judge. The case is stated in the opinion. It was necessary to prove ownership as laid in the indictment. "When, the proof developed that the house did not belong to S. E. Holcomb, the state might have amended, but did not do so. The variance is fatal. • 1 Am. Crim. Law, § 556; 66 Miss., 33; 68 lb., 348; 69 lb., 395. The fact that S. E. Holcomb was in control and possession of the cotton-house is insufficient. The indictment does not describe the house as being in his control, but as being his property. The…
1Opinion of the CourtCooper, J.
The appellant appeals from a conviction for arson. The indictment charges that “ Hillis Avant, late of the county and district aforesaid, on the sixteenth day of May, 1892, in said county and district, did unlawfully, wilfully, feloniously and maliciously set fire to and burn a certain cotton-house, worth ten dollars, in which was then and there one thousand pounds of seed-cotton, worth fifteen dollars, the said cotton-house and cotton being then and there the property of S. E. Holcomb, with the intent of him, the said Hillis Avant, to wilfully, feloniously and maliciously injure him, the…
2Cases cited5 opinions
- Sullivan v. StateMississippi Supreme Court · 1889
- State v. MooreSupreme Court of Missouri · 1875
- Martin v. StateSupreme Court of Alabama · 1856
- People v. FisherCalifornia Supreme Court · 1876
- Boone v. PoindexterMississippi Supreme Court · 1849
3Cited by9 opinions
- Hinkle v. StateIndiana Supreme Court · 1910
- Kopcyznski v. StateWisconsin Supreme Court · 1908
- Clue v. StateMississippi Supreme Court · 1900
- Sheedy v. StateMississippi Supreme Court · 1928
- West v. StateMississippi Supreme Court · 1934
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