Merrill v. State
Mississippi Supreme Court
Error to the circuit court of Marshall county. Davis, J. The facts of this case are fully shown by the opinion of the court. Two errors are assigned in this case: 1st. The indictment does not allege the value of the property charged to have been stolen ; 2d. The jury did not assess the value of the property stolen, but returned a general verdict of guilty as charged.
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Error to the circuit court of Marshall county. Davis, J. The facts of this case are fully shown by the opinion of the court. Two errors are assigned in this case: 1st. The indictment does not allege the value of the property charged to have been stolen ; 2d. The jury did not assess the value of the property stolen, but returned a general verdict of guilty as charged. And from these assignments the conclusion necessarily follows, if they are well taken, that the court erred in overruling the motion in arrest of judgment. We will notice the assignments in the order in which they stand. The…
1Opinion of the Court
Tarbell, J.:
The plaintiff in error was indicted at the November term, 1871, of the Marshall county circuit court, the material portions of the presentment being as follows : “That Sam Merrill (colored) * * * did enter the counting-room of Sam Frank, a merchant in Holy Springs * * * and of his goods and chattels then and there and being found, he, the said Sam Merrill, feloniously did steal, take and carry away $150 in United States currency.”
The, accused, on being arraigned, pleaded not guilty, and the trial resulted in his conviction. The verdict is in the following words: “We, the jury,…
2Cited by8 opinions
- Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
- Richburger v. StateMississippi Supreme Court · 1907
- Jones v. StateMississippi Supreme Court · 1875
- State v. TilneySupreme Court of Kansas · 1888
- State v. OakleySupreme Court of Arkansas · 1888
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