Harris v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. William Harris was indicted and convicted of burglary and grand larceny. The indictment contained but one count, embracing both charges. The defendant moved to quash for this reason, and the motion was overruled. The indictment charged the prisoner with stealing the pistol of D. Moses, and the proof shows that it was the pistol of Simon Moses.
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Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. William Harris was indicted and convicted of burglary and grand larceny. The indictment contained but one count, embracing both charges. The defendant moved to quash for this reason, and the motion was overruled. The indictment charged the prisoner with stealing the pistol of D. Moses, and the proof shows that it was the pistol of Simon Moses. The court instructed the jury for the State, as follows: “When a prisoner is found in the possession of property recently stolen, it devolves upon him to show how he came into the…
1Opinion of the CourtChalmers, J.
1. The motion to quash the indictment was properly overruled. A charge of burglary and larceny may be joined in a single count. Roberts v. State, 55 Miss. 423.
2. The fourth instruction for the State conforms to the doctrine laid down in Stokes’ Case, 58 Miss. 680, that the possession of recently stolen property is a circumstance from which the jury may *307infer guilt. This is its substance, though a little differently expressed. It was correct.
3. The fact that the indictment charged an intent in the burglary to steal the property of one man, and the proof showed an actual stealing of the…
2Cases cited2 opinions
- Brown v. StateMississippi Supreme Court · 1882
- Stokes v. StateMississippi Supreme Court · 1881
3Cited by25 opinions
- Newburn v. StateMississippi Supreme Court · 1967
- Pierce v. StateMississippi Supreme Court · 1974
- Robinson v. StateMississippi Supreme Court · 1982
- Crowell v. StateMississippi Supreme Court · 1943
- Hilbun v. StateMississippi Supreme Court · 1933
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