Legal Opinion

Lucas v. State

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 3 opinions

From the circuit court of the first district of Coahoma •county. Hon. B. W. Williamson, Judge. Appellant was indicted for the murder of Will Butts, the indictment being by a single count in the usual form. The jury returned the following verdict: “We, the jury, find the defendant guilty under § 969, code 1892, of intentionally pointing a pistol, and accidentally discharging same and killing, by such discharge, th'e deceased.”

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From the circuit court of the first district of Coahoma •county. Hon. B. W. Williamson, Judge. Appellant was indicted for the murder of Will Butts, the indictment being by a single count in the usual form. The jury returned the following verdict: “We, the jury, find the defendant guilty under § 969, code 1892, of intentionally pointing a pistol, and accidentally discharging same and killing, by such discharge, th'e deceased.” The accused thereupon moved to arrest the judgment, on the ground that the offense of which he was found guilty is not a constituent offense of the crime of murder…

1Opinion of the Court

Campbell,. C. J.,

delivered the opinion of the court.

See Moore v. State, 59 Miss., 25, and Scott v. State, 60 Ib., 268.

Reversed, judgment arrested and accused held for the action of the grand jury, as he is liable to indictment under § 969, code 1892, not having been tried or in jeopardy for that.

2Cases cited1 opinion

  1. Moore v. StateMississippi Supreme Court · 1881

3Cited by3 opinions

  1. Conwill v. StateMississippi Supreme Court · 1920
  2. Washington v. StateMississippi Supreme Court · 1898
  3. Wooten v. StateMississippi Supreme Court · 1929

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