Legal Opinion

Unger v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 15 opinions

Error to Claiborne circuit court. Smiley, J. Elias Unger, the plaintiff in error, was indicted in the circuit court of Claiborne county, on the 21st of October, 1865, for the larceny of two bales of cotton, the property of D. W. Humphreys. At the December term, 1867, during the trial the indictment was amended, changing D. 'W. Humphreys into D. G. Humphreys.

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Error to Claiborne circuit court. Smiley, J. Elias Unger, the plaintiff in error, was indicted in the circuit court of Claiborne county, on the 21st of October, 1865, for the larceny of two bales of cotton, the property of D. W. Humphreys. At the December term, 1867, during the trial the indictment was amended, changing D. 'W. Humphreys into D. G. Humphreys. The jury returned a verdict of guilty, and upon the prisoner’s motion for a new trial being overruled, he excepted and sued out this writ of error. 1. That the change in the indictment made by the court, or by its permission, was utterly…

1Opinion of the Court

Petton, J.;

At the March term, 1866, of the circuit court of Claiborne county, the plaintiff in error was indicted for the larceny, on the 21st day of October, A. D. 1865, of two bales of cotton, the property of D. W. Humphreys, and was tried at the December term, A. D. 1867. The jury returned a verdict of guilty. The plaintiff in error moved the court for a new trial, on the following grounds:

1. Because the court allowed the. district attorney, after the jury had been elected and sworn, and after the examination of witnesses for the state had been commenced, to change the name of the owner of…

2Cases cited1 opinion

  1. Lynes v. StateSupreme Court of Alabama · 1837

3Cited by15 opinions

  1. State v. CassadySupreme Court of Kansas · 1874
  2. Harper v. StateMississippi Supreme Court · 1903
  3. Jones v. StateMississippi Supreme Court · 1973
  4. Sturgis v. StateMississippi Supreme Court · 1980
  5. Gamblin v. StateMississippi Supreme Court · 1871

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