White v. State
Mississippi Supreme Court
Prom the circuit court of Harrison county. Hon. William H. Harpy, Judge. White and another, appellants, were tried and convicted before a justice of the peace of malicious mischief, shooting a horse, upon an affidavit charging the horse to have been the property of one James Riley, without naming or describing the animal. They appealed to the circuit court and were there tried de novo and again convicted.
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Prom the circuit court of Harrison county. Hon. William H. Harpy, Judge. White and another, appellants, were tried and convicted before a justice of the peace of malicious mischief, shooting a horse, upon an affidavit charging the horse to have been the property of one James Riley, without naming or describing the animal. They appealed to the circuit court and were there tried de novo and again convicted. Upon the trial ‘in the circuit court, the state was permitted, over defendants? objection to amend the' affidavit so as to lay the ownership of the horse in William Riley; a son of James…
1Opinion of the CourtMayes, J.
We do not think the amendment to the affidavit should have been allowed by the court. This case cannot be distinguished from the case of Hudson v. State, 73 Miss. 784, 19 South. 965.
Reversed and remanded.
2Cases cited1 opinion
- Hudson v. StateMississippi Supreme Court · 1896
3Cited by1 opinion
- Horn v. StateMississippi Supreme Court · 1933