Cook v. State
Mississippi Supreme Court
FroM the circuit court of Warren county. HoN. Jiro. D. GillaNd, Judge. The case sufficiently appears in the opinion. The indictment is fatally defective in omitting the auxiliary verb ‘ ‘ did ’ ’ before ‘ ‘ feloniously kill and murder. ” As it stands, the indictment does not charge any act. Non constat but that it meant that accused intended to kill. ’ The defect is so fundamental that it can be made for the first time in this court.
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FroM the circuit court of Warren county. HoN. Jiro. D. GillaNd, Judge. The case sufficiently appears in the opinion. The indictment is fatally defective in omitting the auxiliary verb ‘ ‘ did ’ ’ before ‘ ‘ feloniously kill and murder. ” As it stands, the indictment does not charge any act. Non constat but that it meant that accused intended to kill. ’ The defect is so fundamental that it can be made for the first time in this court. Newcomb v. State, 37 Miss., 383. The omission of the word ‘ ‘ did ’ ’ in the indictment is obviously a clerical error. Objection should be made by demurrer. Code…
1Opinion of the CourtWoods, J.
At the March term, 1894, of the circuit court of Warren county the grand jury presented against the appellant an indictment which, in its essential averments, charges that appellant, on the .ninth day of March, 1894, in the county aforesaid, then and there feloniously, wilfully and with malice aforethought kill and murder one John Brian, ’ ’ etc. It is now contended in this court that the indictment is fatally defective, in that it does not sufficiently charge any offense known to our laws. Without supplying some word or words before the words " kill and *519murder,” or elsewhere, in the…
2Cases cited10 opinions
- Jones v. StateTexas Supreme Court · 1854
- State v. PotterSupreme Court of Iowa · 1870
- Edmondson v. StateTexas Supreme Court · 1874
- Jesse v. StateMississippi Supreme Court · 1854
- Sarah v. StateMississippi Supreme Court · 1872
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3Cited by18 opinions
- Westmoreland v. StateMississippi Supreme Court · 1971
- Kelly v. StateMississippi Supreme Court · 1948
- Taylor v. StateMississippi Supreme Court · 1952
- Crosby v. StateMississippi Supreme Court · 1941
- Patterson v. StateMississippi Supreme Court · 1921
13 more not listed; retrieve them via the Exa API.