Howard v. State
Mississippi Supreme Court
From tbe circuit court of Lafayette county. How. Perriw II. Lowrey, Judge. Howard and eighteen others, appellants, were indicted, tried and convicted of gambling and appealed to the supreme court. The appellants were jointly indicted by the grand jury for gambling.
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From tbe circuit court of Lafayette county. How. Perriw II. Lowrey, Judge. Howard and eighteen others, appellants, were indicted, tried and convicted of gambling and appealed to the supreme court. The appellants were jointly indicted by the grand jury for gambling. The indictment,- leaving off the formal parts, alleges that the parties indicted “on the first day of February, 1902, in said county, did unlawfully play at a certain game and games of dice commonly called ‘craps’ for money.” A demurrer was interposed to this indictment on the ground that it joins charges for separate and distinct…
1Opinion of the Court
Whitfield, O. J.,
delivered the opinion of the court.
We think it clear that there was a motion made to compel the district attorney to elect as to which offenses and against what parties he would proceed. The failure of the court to do this is also made one of the grounds of the motion for a new trial. It is also clear that some of the defendants offered to file proper pleas of former conviction. This the court refused to allow to be done. It is true that this action of the court is not made the ground of the motion for a new trial, but, as the cause must be reversed, -it is proper to say that…
2Cases cited2 opinions
- Strawhern v. StateMississippi Supreme Court · 1872
- Lea v. StateMississippi Supreme Court · 1886
3Cited by3 opinions
- Turnage v. StateMississippi Supreme Court · 1924
- Boyd v. StateMississippi Supreme Court · 1936
- Turnage v. StateMississippi Supreme Court · 1924