Autman v. State
Mississippi Supreme Court
Appeal from circuit court of Copiah county. Hon. D. M. Miller, Judge. March Autman was convicted of receiving stolen goods, and appeals. At the conclusion of the testimony in this case the defendant, through his counsel, made the following motion: “Comes the defendant and moves the court to grant him a peremptory instruction on the first count in the indictment.”
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Appeal from circuit court of Copiah county. Hon. D. M. Miller, Judge. March Autman was convicted of receiving stolen goods, and appeals. At the conclusion of the testimony in this case the defendant, through his counsel, made the following motion: “Comes the defendant and moves the court to grant him a peremptory instruction on the first count in the indictment.” This motion was sustained by the court, because the first count of the indictment charged the defendant with larceny, and there was no proof to sustain the charge. The defendant then moved the court to instruct the jury peremptorily…
1Opinion of the CourtAnderson, J.
Appellant was indicted and convicted in the circuit court of Copiah county of the willful, unlawful and felonious receiving of goods of the value o thirty dollars stolen by his brother, York Autman, from the mercantile firm of *638Noble & Gibson, and sentenced to tbe penitentiary for a term of two years, from which judgment and sentence he appeals to this court.
The action of the court below in refusing three instructions, marked in the record Nos. 2, 3, and 4, requested on behalf of appellant, is assigned as error. Each of these instructions sought to inform the jury in varying language that…
2Cases cited8 opinions
- Graves v. StateWisconsin Supreme Court · 1860
- Perry v. StateTexas Supreme Court · 1874
- Stokes v. StateMississippi Supreme Court · 1881
- Snowden v. StateMississippi Supreme Court · 1884
- Scarver v. StateMississippi Supreme Court · 1876
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3Cited by3 opinions
- Crowell v. StateMississippi Supreme Court · 1943
- Dodson v. StateMississippi Supreme Court · 1922
- Patterson v. StateMississippi Supreme Court · 1934