Moore v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. To an indictment charging him with an assault and battery, committed on January 10, 1880, upon Milly Moore, the appellant filed a plea alleging that the grand jury had previously presented that he on that day did wilfully, feloniously, and of his malice aforethought, kill and murder Milly Moore, to which he had pleaded not guilty, and upon which, after trial by a jury, he was acquitted and discharged;…
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Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. To an indictment charging him with an assault and battery, committed on January 10, 1880, upon Milly Moore, the appellant filed a plea alleging that the grand jury had previously presented that he on that day did wilfully, feloniously, and of his malice aforethought, kill and murder Milly Moore, to which he had pleaded not guilty, and upon which, after trial by a jury, he was acquitted and discharged; that the State introduced the same witnesses now relied on, and endeavored to prove that on the date mentioned he killed…
1Opinion of the CourtCampbell, J.
If in the trial under the indictment for murder the appellant might have been lawfully convicted of the assault and battery charged in this case, his plea of former acquittal is good. At common law there could be no conviction for a misdemeanor on an indictment for felony. That is changed by Code 1880, § 3078, so as to authorize a verdict of guilty of the offence as charged, or of any attempt to commit the same offence, or of an inferior offence, or other offence the commission of which is necessarily included in the offence charged in the indictment. If an assault was necessarily included in…
2Cited by17 opinions
- State v. LutzWest Virginia Supreme Court · 1919
- Watson v. StateSupreme Court of Georgia · 1902
- State v. AndersonIdaho Supreme Court · 1960
- Hailey v. StateMississippi Supreme Court · 1988
- State v. BrooksIdaho Supreme Court · 1930
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