Ball v. State
Mississippi Supreme Court
From the circuit court of Pike county. Hon. J. B. Chrisman, Judge. Appellants, Jesse L. Ball and H. B. Badon, with others, were convicted in the court below on an indictment charging that the defendants “ did wilfully and unlawfully disturb a congregation of persons lawfully assembled for religious worship at the China Grove meeting grounds, by shooting pistols,” etc., and also by being intoxicated and by profane swearing.
Read the full summary
From the circuit court of Pike county. Hon. J. B. Chrisman, Judge. Appellants, Jesse L. Ball and H. B. Badon, with others, were convicted in the court below on an indictment charging that the defendants “ did wilfully and unlawfully disturb a congregation of persons lawfully assembled for religious worship at the China Grove meeting grounds, by shooting pistols,” etc., and also by being intoxicated and by profane swearing. On the plea of not guilty the defendants were tried and convicted at the October term, 1889. At a former term of the court the defendant Ball was convicted on an indictment…
1Opinion of the CourtCampbell, J.
Ball was properly denied the benefit of his former conviction for intoxication and profanity, both because autrefois convict must be pleaded specially, and because the evidence shows clearly that he was guilty of disturbing religious worship at the China Grove camp-meeting by other modes than by being drunk and profane, and, therefore, there was a want of identity of the two charges. Badon was rightly convicted with Ball, if he participated in the nocturnal disturbance in which Ball and many others appear to have been engaged; and the jury thought he was, and we are not able to say that they…
2Cases cited2 opinions
- Elliott v. StateSupreme Court of Alabama · 1855
- Strawhern v. StateMississippi Supreme Court · 1872
3Cited by5 opinions
- Minter v. StateSupreme Court of Georgia · 1898
- Bufkin v. StateMississippi Supreme Court · 1923
- People v. Bevins, New York County Courts1911
- Tanner v. StateMississippi Supreme Court · 1944
- Richards v. StateMississippi Supreme Court · 1898