Cannon v. State
Mississippi Supreme Court
Fbom the circuit court of Leflore county. Hon. F. A. Montgomery, Judge. The indictment in this case, after the formal introduction, was in these words: “That Benjamin Cannon, in said county, on the fourth day of February, A.D. 1895, in and upon one Henry Moss there being, an assault did then and there make with a certain deadly weapon, to wit: a Winchester rifle, and him, the said Henry Moss, did then and there shoot and wound with said rifle, with the intent him, the said…
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Fbom the circuit court of Leflore county. Hon. F. A. Montgomery, Judge. The indictment in this case, after the formal introduction, was in these words: “That Benjamin Cannon, in said county, on the fourth day of February, A.D. 1895, in and upon one Henry Moss there being, an assault did then and there make with a certain deadly weapon, to wit: a Winchester rifle, and him, the said Henry Moss, did then and there shoot and wound with said rifle, with the intent him, the said Henry Moss, then and there wilfully, feloniously and of his malice aforethought to kill and murder, against the peace and…
1Opinion of the CourtWoods, C. J.
The indictment charges two distinct offenses, but the two counts evidently rest upon one transaction. While the counts are for. independent offenses, the offenses do not differ in character or degree, the punishment for each being the same. While it is bad practice to charge different and independent offenses in one indictment, yet we cannot reverse on that account in this case, for the reason that now, looking back through a completed trial, we can see that the appellant was not actually prejudiced by the action of the cpurt in overruling the demurrer to the indictment.
The motion of the…
2Cited by7 opinions
- Stinson v. StateMississippi Supreme Court · 1983
- Goins v. StateMississippi Supreme Court · 1929
- Williams v. StateMississippi Supreme Court · 1922
- Buford v. StateMississippi Supreme Court · 1927
- Criddle v. StateMississippi Supreme Court · 1964
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