Jesse v. State
Mississippi Supreme Court
In error from the circuit court of Carroll county ; Hon. Vm. L. Harris, judge. The facts of the case are sufficiently set forth in the opinion of the court and the brief of appellant’s counsel, where also will be the instructions of the court below. The indictment is fatally defective, because it does not charge, either directly or by necessary implication, that the burning was malicious.
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In error from the circuit court of Carroll county ; Hon. Vm. L. Harris, judge. The facts of the case are sufficiently set forth in the opinion of the court and the brief of appellant’s counsel, where also will be the instructions of the court below. The indictment is fatally defective, because it does not charge, either directly or by necessary implication, that the burning was malicious. As a preliminary question to this it is necessary to determine, whether upon the one hand the statute upon which these proceedings are based, (Hutch. Code, 521, § 55,) creates a distinct statutory offence,…
1Opinion of the CourtJustice Haatdy
This was an indictment in the circuit court of Carroll county, under the 55th section of the statute of 1822, Hutch. Dig. 521, concerning slaves, free negroes, and mulattoes. The indict*109ment charges th^t the plaintiff in error, “ on the 5th day of June, 1854, with force and arms, in the county aforesaid, did then and there wilfully and feloniously set fire to and burn up and consume with said fire a certain barn situate in said county,” &c., “ contrary to the statute in such case made and provided,” &c. The accused pleaded not guilty, and on the trial a verdict and judgment of conviction were…
2Cases cited2 opinions
- Brantley v. StateMississippi Supreme Court · 1872
- Kirk v. StateMississippi Supreme Court · 1872
3Cited by23 opinions
- Richburger v. StateMississippi Supreme Court · 1907
- Sullivan v. StateMississippi Supreme Court · 1889
- Jackson v. StateMississippi Supreme Court · 1982
- Harrington v. StateMississippi Supreme Court · 1877
- Cook v. StateMississippi Supreme Court · 1895
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