Horton v. State
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Guión Q. I1axx,i Judge. Horton, appellant, was indicted, tried, and convicted of rape, and appealed to the supreme court.
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From the circuit court of Lauderdale county. Hon. Guión Q. I1axx,i Judge. Horton, appellant, was indicted, tried, and convicted of rape, and appealed to the supreme court. The second instruction asked by defendant and refused by the court, mentioned in the opinion, was in the following words — viz.: “The court charges the jury, for the defendant, that they cannot find the defendant guilty of an attempt to. commit rape, under this indictment, there being no second count charging such offense.” The court erred in excluding the testimony of Mr. Brewster and other white friends of defendant as to…
1Opinion of the CourtTruly, J.
The refusal of the second instruction asked by the defendant was not error. Section 1426, Code 1892, provides that “on an indictment for any offense the jury may find the defendant guilty of the offense as charged or of any attempt to commit the same offense.” It is not necessary, nor would it be proper, to join in the 'indictment a second count charging an attempt to commit the crime charged.
The language attributed to the district attorney is not made known to us in the manner prescribed by law. This assignment of error, therefore, is not considered. Powers v. State, 83 Miss., 691, s. c., 36…
2Cases cited5 opinions
- State v. LeeSupreme Court of Minnesota · 1876
- Hardtke v. StateWisconsin Supreme Court · 1886
- Powers v. StateMississippi Supreme Court · 1903
- Lincecum v. StateCourt of Appeals of Texas · 1890
- Maston v. StateMississippi Supreme Court · 1903