Legal Opinion

Duncan v. State

Mississippi Supreme Court

Decided October 15, 1873PublishedCited by 10 opinions

Error to the circuit court of Washington county. Hon. C. 0. SHACKLEFORD, Judge. The opinion of the court contains a full statement of the facts in the case. 1. The errors complained of in this case are manifestly well taken. The motion to quash the indictment should have been sustained, if for no-other purpose than to promote that reasonable certainty which should always attend the pleadings in a criminal ease.

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Error to the circuit court of Washington county. Hon. C. 0. SHACKLEFORD, Judge. The opinion of the court contains a full statement of the facts in the case. 1. The errors complained of in this case are manifestly well taken. The motion to quash the indictment should have been sustained, if for no-other purpose than to promote that reasonable certainty which should always attend the pleadings in a criminal ease. The charge against the plaintiff in error is, that he unlawfully, willfully and maliciously, and out of a spirit of wanton cruelty, did kill, maim and wound a bog belonging to Tobe…

1Opinion of the Court

Takbell, J.,

delivered'the opinion of the court:

At the October term, 1871, of the Washington county circuit court, the grand jurors of that county presented a bill of indictment against the plaintiff in error, in the following terms: “That Jesse J. Duncan, late of the county aforesaid, laborer, on the 1st day of October, in the year of our Lord 1871, with force and arms, at the county aforesaid, a certain hog, of the value of $20.00, of the personal property, goods and chattels of Tobe Olay, then and there being found, unlawfully, willfully, and mischievously, and out of a spirit of wanton…

2Cases cited1 opinion

  1. Johnson v. StateSupreme Court of Alabama · 1861

3Cited by10 opinions

  1. State v. JohnsonWyoming Supreme Court · 1898
  2. State v. PraterMissouri Court of Appeals · 1908
  3. State v. LeslieSupreme Court of Iowa · 1908
  4. Fostoria Milling & Grain Co. v. CommissionerUnited States Board of Tax Appeals · 1928
  5. People v. OlsenUtah Supreme Court · 1889

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