Lusk v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Lincoln County. HoN. J. B. Chkisman, Judge. Jesse Lusk, Vaitchel Clark, and Monroe Carter were jointly indicted by the grand jury of Amite County for arson. Neither the record of the organization of the court nor the caption of the indictment showed where, in the County of Amite, the court was holden to which the indictment was returned.
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Appeal from the Circuit Court of Lincoln County. HoN. J. B. Chkisman, Judge. Jesse Lusk, Vaitchel Clark, and Monroe Carter were jointly indicted by the grand jury of Amite County for arson. Neither the record of the organization of the court nor the caption of the indictment showed where, in the County of Amite, the court was holden to which the indictment was returned. The defendants made a motion to quash the’ indictment on several grounds, the third of which was that “the indictment was not found and returned into court by a grand jury of Amite County.” This motion was overruled. On the…
1Opinion of the CourtCampbell, J.
Where parties combine to commit crime the law imputes the guilt of each to all thus engaged, and pronounces all guilty of aDy crime committed by any in the execution of the common purpose, as one of its natural and probable consequences, even though none of the parties intended at the outset to do the particular thing constituting the crime.
If the act is not the natural and probable outcome of the common design, but is the independent act of some of the party, conceived of by them, and outside of the common purpose, those not participating in it are not responsible for this independent act.
As…
2Cases cited1 opinion
- Sam v. StateMississippi Supreme Court · 1872
3Cited by8 opinions
- Travaris Richard Christian v. State of MississippiMississippi Supreme Court · 2016
- Odom v. StateMississippi Supreme Court · 1935
- Carrol v. StateMississippi Supreme Court · 1938
- Franklin v. StateMississippi Supreme Court · 1940
- Martinez v. StateDistrict Court of Appeal of Florida · 1982
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