Peebles v. State
Mississippi Supreme Court
Error to the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. The plaintiff in error was indicted for the larceny of a hog of the value of $12, the property of “Margaret Majors.” Upon the trial the evidence disclosed the fact that ‘ ‘ Clark Majors ” was the owner of the hog stolen, and the court ordered the indictment amended to correspond with the proof.
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Error to the Circuit Court of Clay County. Hon. J. M. Arnold, Judge. The plaintiff in error was indicted for the larceny of a hog of the value of $12, the property of “Margaret Majors.” Upon the trial the evidence disclosed the fact that ‘ ‘ Clark Majors ” was the owner of the hog stolen, and the court ordered the indictment amended to correspond with the proof. The amendment • was accordingly made, and the accused excepted. 1. The statutes of amendment and jeofails do not apply to indictments. Bouv. L. Die. 2. The Constitution provides that no person shall be tried for an‘ indictable offense…
1Opinion of the CourtChalmers, J.
The only question presented is as to the constitutionality of section 2799 of the Code, which permits certain specified amendments in indictments. The question was fully considered in the case of Eliza Miller v. The State, 53 Miss. 403, and decided in favor of the constitutionality of the statute.
In this case there was an affidavit submitted, on the motion for new trial, to the effect that defendant had been surprised by the amendment, and thereby prejudiced in making his defense.
The circuit judge overruled this motion, stating in his order that he did so because no continuance had been…
2Cases cited1 opinion
- Miller v. StateMississippi Supreme Court · 1876
3Cited by9 opinions
- Rhymes v. StateMississippi Supreme Court · 1994
- Quick v. StateMississippi Supreme Court · 1990
- Ellis v. StateMississippi Supreme Court · 1985
- Nathan v. StateMississippi Supreme Court · 1989
- State v. MullenSupreme Court of Iowa · 1911
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