Roberts v. State
Mississippi Supreme Court
Error to the Circuit Court of Lincoln County. Hon. J. M. Smiley, Judge. . The plaintiff in error was tried .upon an indictment charging that he, “ with force and arms, a certain house, commonly called a corn-crib, in which was then and there kept for use and safety corn and other valuable things of one T. T. Mead, there situate, feloniously and burglariously did break and enter, with intent then and there the goods and chattels of the said Mead, in said corn-crib then and…
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Error to the Circuit Court of Lincoln County. Hon. J. M. Smiley, Judge. . The plaintiff in error was tried .upon an indictment charging that he, “ with force and arms, a certain house, commonly called a corn-crib, in which was then and there kept for use and safety corn and other valuable things of one T. T. Mead, there situate, feloniously and burglariously did break and enter, with intent then and there the goods and chattels of the said Mead, in said corn-crib then and there being, then and there feloniously and burglariously to take, steal, and carry away one bushel of corn of the value…
1Opinion of the CourtChalmers, J.
The objections to the indictment, based on the failure to follow literally the language of the statute (Code 1871, sec. 2527), are not well taken. The words of the indictment are synonymous with those of the statute, which is sufficient.
Motion in arrest was made after verdict, upon the ground that the offenses o'f burglary and of larceny were both embraced in a single count in the indictment. The general rule is that two crimes cannot be charged in the same count, but to thifi rule there are some exceptions, prominent among which are assault and battery, and burglary and larceny. An assault…
2Cited by25 opinions
- Newburn v. StateMississippi Supreme Court · 1967
- State v. TraylorMississippi Supreme Court · 1911
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- Thomas v. StateMississippi Supreme Court · 1973
- Wexler v. StateMississippi Supreme Court · 1932
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