Williams v. State
Mississippi Supreme Court
Error to the circuit court of Davis county. Hancock, J. At the March term, 1869, of the circuit court of Davis county, plaintiff in error was indicted for an assault and battery with intent to kill and murder Dick Smith.
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Error to the circuit court of Davis county. Hancock, J. At the March term, 1869, of the circuit court of Davis county, plaintiff in error was indicted for an assault and battery with intent to kill and murder Dick Smith. The indictment is in the following words: “ The grand jurors elected, &c., present that Shabe Williams, on the 19th of March, 1866, in the county of Davis aforesaid, in and upon one Dick Smith, wilfully, feloniously, and of malice aforethought .an assault did make, and him the said Dick Smith did strike, cut and wound, with intent of him, Shabe Williams, wilfully,…
1Opinion of the Court
Peyton, J.:
The plaintiff in error was. indicted at the March term of the circuit court of Davis county, for an assault and battery upon Dick Smith, with intent to kill and murder him; and at a subsequent term of said court he was tried, convicted, and sentenced to imprisonment in the penitentiary. The plaintiff now prosecutes this writ of error, and assigns several errors, the last of which is, that the court erred in overruling the motion in arrest of judgment. In this we think the court erred.
The indictment does not charge that the plaintiff in error committed an assault and battery with a…
2Cases cited3 opinions
- Riggs v. StateMississippi Supreme Court · 1872
- Ike v. StateMississippi Supreme Court · 1872
- Anthony v. StateMississippi Supreme Court · 1872
3Cited by10 opinions
- Riley v. StateMississippi Supreme Court · 1871
- Miller v. StateMississippi Supreme Court · 1876
- Thompson v. StateMississippi Supreme Court · 1875
- State v. SilverbergMississippi Supreme Court · 1901
- Huntsman v. StateCourt of Appeals of Texas · 1882
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