Pitts v. State
Mississippi Supreme Court
Appeal from the circuit court of Calhoun county. Hon. J. L. Bates, Judge. Jesse Pitts was convicted of grand larceny and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Calhoun county. Hon. J. L. Bates, Judge. Jesse Pitts was convicted of grand larceny and appeals. The facts are fully stated in the opinion of the court. The counsel for the defendant earnestly insists that this cause should be dismissed against defendant appellant because of variance between the proof and the indictment, the indictment charging ownership to be in one Spearman and the proof conclusively showing ownership was in Spearman jointly with others (page 34 of the record in this cause, third page of the testimony of D. E. Spearman), and the appellant…
1Opinion of the CourtEthridge, J.
The appellant was indicted in the circuit court of Calhoun county at the September term, 1915, for the larceny of “three certain yearlings and one certain cow, a more particular and accurate description 'of which is to the grand jury unknown, then and there the personal property of D. E. Spearman of the value of fifty dollars,” etc. On the trial of the cause the proof on the *191part of the state developed the fact that the cow in question was not the property of D. E. Spearman, but was the property of his son-in-law. There was no direction to the jury to find for the defendant as to the cow,,…
2Cited by3 opinions
- Barnes v. StateMississippi Supreme Court · 1957
- Jackson v. StateMississippi Supreme Court · 1935
- Darris v. StateMississippi Supreme Court · 1931