McCearley v. State
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. McCearley, appellant, was indicted and tried for and convicted of burglary and appealed to the supreme court.
Read the full summary
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. McCearley, appellant, was indicted and tried for and convicted of burglary and appealed to the supreme court. The indictment did not use the word “did” in charging the crime; the charge was that defendant “in said county, on the 7th day of March, A. D. 1910, the storehouse of C. Atkinson & Son, a ■corporation, then and there unlawfully, wilfully, feloniously :and burglariously (omission here) break and enter,” etc. The indictment in this case, in so far as it purports to ehargea burglary, is absolutely void, because of the…
1Opinion of the Court
Whitefield, C.
The court manifestly erred in not sustaining the motion for .-a new. trial on the ground of newly discovered evidence. The conviction wás based solely upon the testimony of an accomplice and confessed thief, and the case on its facts is a very doubt,-ful one. In this close case the defendant made a perfectly ample case on his showing for a new trial, based on the newly •discovered evidence.
Another fatal error, is that urged in the assignment that the indictment charged no offense plainly and precisely, as it ought to do in order to inform the appellant of the nature and cause…
Also in this document: Per curiam.
2Cases cited2 opinions
- Cook v. StateMississippi Supreme Court · 1895
- Shuler v. MurphyMississippi Supreme Court · 1907
3Cited by3 opinions
- Kelly v. StateMississippi Supreme Court · 1948
- Taylor v. StateMississippi Supreme Court · 1952
- Willis v. StateMississippi Supreme Court · 1917