Baggett v. State
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. The appellant was tried on an indictment containing two counts.
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From the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. The appellant was tried on an indictment containing two counts. The first count charges him with the larceny of “ $200 in United States national bank-notes, of the value of $200; $200 in United States national currency, of the value of $200; and $200 in United States treasury notes, of the value of $200.” The second count charges him with having received money of this description, knowing the same to have been stolen. There was a motion to quash the indictment, upon the ground, among others, that the denomination of the…
1Opinion of the CourtCampbell, C. J.
According to the text-books treating of the subject, and numerous adjudications by the courts of England and America, this indictment is bad, for not stating the denomination of the bills stolen or received, or in some way more particularly describing them, or some of them, or averring that it could not be done, because it was unknown to the grand jurors.
¥e confess our inability to perceive the reason or wisdom of the requirement of such particularity in indictments, but so the law appears to be, and, as we have no statute changing the common law on this subject, we do not feel at liberty to…
2Cases cited1 opinion
- McKane v. StateIndiana Supreme Court · 1858
3Cited by1 opinion
- State v. TaylorMississippi Supreme Court · 1914