Harrington v. State
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. Sect. 2489 Code 1871 provides as follows: “ If any clerk of any court, or public officer, or any other person, shall wittingly make any false entry, or erase any word or letter, or change any record belonging to any court or public office, whether in his keeping or not, he shall, on conviction thereof, be imprisoned in the penitentiary, for a term not exceeding ten years, and be liable to the action of…
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Error to the Circuit Court of Chickasaw County. Hon. J. A. Green, Judge. Sect. 2489 Code 1871 provides as follows: “ If any clerk of any court, or public officer, or any other person, shall wittingly make any false entry, or erase any word or letter, or change any record belonging to any court or public office, whether in his keeping or not, he shall, on conviction thereof, be imprisoned in the penitentiary, for a term not exceeding ten years, and be liable to the action of the party aggrieved for all damages occasioned thereby.” The grand jury of Colfax County presented against H. H.…
1Opinion of the CourtChalmeks, J.
The attempt was to indict the defendant, under § 2489 Code 1871, for the alteration of the record-book of the county treasurer’s office ; but the indictment was fatally defective in several respects.
1. The alteration of the record was charged to have been “ willingly ” done. The language of the statute is “ wittingly.” While it is not always necessary to follow the literal language of the act in framing indictments for statutory offences, it is essential that either the same words, Or words of equivalent meaning, and substantially synonymous, should be used. § 2884 Code 1871; Kline v. State,…
2Cases cited3 opinions
- Jesse v. StateMississippi Supreme Court · 1854
- Sarah v. StateMississippi Supreme Court · 1872
- Kline v. StateMississippi Supreme Court · 1870
3Cited by19 opinions
- State v. TraylorMississippi Supreme Court · 1911
- Wexler v. StateMississippi Supreme Court · 1932
- Richburger v. StateMississippi Supreme Court · 1907
- Spears v. StateMississippi Supreme Court · 1965
- State v. SnowdenMississippi Supreme Court · 1933
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