Sullivan v. State
Mississippi Supreme Court
Fbom the circuit court of the second district of Marion county. Hon. S. H. Tebbal, Judge. The opinion states the case. As the judgment is reversed because of the insufficiency of the indictment, it is unnecessary to set out the facts. For the same reason, the arguments of counsel as to many points presented by the record are omitted. 1. The indictment is fatally defective.
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Fbom the circuit court of the second district of Marion county. Hon. S. H. Tebbal, Judge. The opinion states the case. As the judgment is reversed because of the insufficiency of the indictment, it is unnecessary to set out the facts. For the same reason, the arguments of counsel as to many points presented by the record are omitted. 1. The indictment is fatally defective. Manifestly it was drawn from the Massachusetts decisions, 7 Gray, 324, and Commonwealth v. Bennett, 108 Mass. 27. These decisions were based on a statute defining the offense. But the statute in question merely forbids…
1Opinion of the CourtCooper, J.
The appellant has been convicted of the offence of prize-fighting in violation of an act entitled, “ An act to prevent prize-fighting in this state and for other purposes,” approved March 7, 1882. The first section of the act declares that, “ it shall be unlawful for any person to engage in prize-fighting in this state, and any person engaged in such prize-fighting shall be deemed guilty of a misdemeanor, etc.”
The indictment contains two counts, the first for a violation of the above statute, and the second for an assault and battery. Appellant was acquitted under the second count and…
2Cases cited2 opinions
- Jesse v. StateMississippi Supreme Court · 1854
- Mallett v. StevensonSupreme Court of Connecticut · 1857
3Cited by23 opinions
- Commonwealth v. McGovernCourt of Appeals of Kentucky · 1903
- Richburger v. StateMississippi Supreme Court · 1907
- Jackson v. StateMississippi Supreme Court · 1982
- Pearson v. StateMississippi Supreme Court · 1963
- Inter-Continental Promotions, Inc. v. William B. MacDonald Jr., and New Amsterdam Casualty CompanyCourt of Appeals for the Fifth Circuit · 1966
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