Richardson v. State
Mississippi Supreme Court
From the circuit court of Oktibbeha county. HoN. Eugene O. Syees, Judge. Richardson, the appellant, was indicted for an assault and battery with intent to kill and murder Henrietta Pierce.
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From the circuit court of Oktibbeha county. HoN. Eugene O. Syees, Judge. Richardson, the appellant, was indicted for an assault and battery with intent to kill and murder Henrietta Pierce. At the November, 1900, term of the circuit court he was tried on said charge and acquitted, and at the same term of the court he was indicted by the grand jury under § 969 of the code of 1892. The indictment, as found by the grand jury, was as follows: “The grand jurors of the State of Mississippi, elected, summoned, impaneled, sworn, and charged to inquire in and for the body of Oktibbeha county, State of…
1Opinion of the CourtCalhooN, J.
The indictment is good enough. It charges with sufficient certainty that the injury was caused by the discharge of the weapon. The word ‘ ‘ necessary ’ ’ before the word ‘ ‘ self-defense ” is not essential, since the statute (code § 969) does not require it. The previous acquittal on an indictment for an assault and battery with intent to kill and murder is no bar to this indictment for pointing a gun, etc. Granted that it would have been a bar if the previous acquittal had been on a charge of murder or manslaughter, this would have been because of the express provision of code, § 969, and it…
2Cited by2 opinions
- State v. ThornhillMississippi Supreme Court · 1965
- Conwill v. StateMississippi Supreme Court · 1920