Funderburk v. State
Mississippi Supreme Court
From the circuit court of Lowndes county. HoN. NewnaN Catoe, Judge. The facts are stated in the opinion of the court. The demurrer to the indictment should have been sustained. Bishop on Criminal Procedure, vol. 2 (2ded.), sec. 840. "But if the amount of the punishment depends upon the value, it must, in these cases, as in all others, be alleged.”
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From the circuit court of Lowndes county. HoN. NewnaN Catoe, Judge. The facts are stated in the opinion of the court. The demurrer to the indictment should have been sustained. Bishop on Criminal Procedure, vol. 2 (2ded.), sec. 840. "But if the amount of the punishment depends upon the value, it must, in these cases, as in all others, be alleged.” State v. Shadley, 16 Ind., 230; Code 1892, §1209; lb., §1453; Wile v. State, 60 Miss., 260. The omission of the word wilfully is fatal. The court below erred in not presenting to defendant a full panel of twelve men each and every time until a jury…
1Opinion of the Court
Calhoon, Special J.,
delivered the opinion of the court.
Several beings, human, at least in form, went, at night, to Sandy Swearingen’s house, shot into it, and lit a match and set fire to his cotton on the gallery. At the first alarm, his wife and children ran under the bed, and, on the firing of the guns and pistols, and the blaze from the cotton, they ran through a side door to the woods, while Sandy himself, badly wounded, fled to the house of a neighbor, Mr. Tom Blewitt, and got inside of it, hotly pursued by the creatures who had so shockingly outraged his person and his home. Some one of…
2Cases cited1 opinion
- Gibson v. StateMississippi Supreme Court · 1893
3Cited by5 opinions
- Gammons v. StateMississippi Supreme Court · 1904
- Owens v. StateMississippi Supreme Court · 1903
- Dixon v. StateMississippi Supreme Court · 1932
- Cain v. StateMississippi Supreme Court · 1965
- Billy Magyar v. Emily Shiers and James Shiers, Jr.Court of Appeals of Mississippi · 2025