Dalton v. State
Mississippi Supreme Court
Prom the circuit court of Union county. IIon. James B. Boothe, Judge. Dalton and another, the appellees, were indicted for grand larceny, and demurred- to the indictment. The trial court sustained the demurrer and the state appealed to the supreme court.
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Prom the circuit court of Union county. IIon. James B. Boothe, Judge. Dalton and another, the appellees, were indicted for grand larceny, and demurred- to the indictment. The trial court sustained the demurrer and the state appealed to the supreme court. The indictment alleged that appellees “ unlawfully and feloniously did take, steal and carry away $2,067, lawful money of thé United States of America, the personal property then and there of the Southern Express Company, and $30 lawful money of the United States of America, the personal property then, and there of Jefferson Marshall; against…
1Opinion of the CourtMayes, J.
It was error for the court to sustain the demurrer filed to this indictment. The precise question was decided by this court in the case of Ward v. State, 90 Miss., 249, 43 South., 466. However diverse may be the ownership of property which is the subject of larceny, if the act of taking constitutes but a single act, but one offense is committed. The allegation of ownership in the indictment is merely descriptive of the offense committed. The prosecution is not conducted in the name of the owner, nor for his benefit; but it is conducted in the name of the state, and the state alone, in so far…
2Cases cited1 opinion
- Ward v. StateMississippi Supreme Court · 1907
3Cited by12 opinions
- Robinson v. United StatesCourt of Appeals for the Tenth Circuit · 1944
- Towner v. StateCourt of Appeals of Mississippi · 2002
- Seals v. StateSupreme Court of Alabama · 1939
- Whittington v. StateMississippi Supreme Court · 1931
- Henry v. United StatesCourt of Appeals for the D.C. Circuit · 1919
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