Brantley v. State
Mississippi Supreme Court
Error to Yalobusba circuit court. Bogers, J. James B. and William Brantley were indicted in tbe court beloAv for an assault with intent to kill one Jefferson Bussell Trible, in the first count of the indictment, and in the second for an assault and battery upon the said Trible. The defendants demurred to the first count, and the demurrer was overruled.
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Error to Yalobusba circuit court. Bogers, J. James B. and William Brantley were indicted in tbe court beloAv for an assault with intent to kill one Jefferson Bussell Trible, in the first count of the indictment, and in the second for an assault and battery upon the said Trible. The defendants demurred to the first count, and the demurrer was overruled. A trial was had on the plea of not guilty, and a verdict of not guilty as to the first count, and guilty on tlie second, was brought in by the jury. A motion for a new trial was made and overruled. The court fined them one hundred dollars each,…
1Opinion of the Court
ClaytoN, J.:
This was a bill of indictment preferred in the circuit court of Yalobusha county, against the defendants. It'Contains two counts, the first of which charges them with an assault and battery, with intent to murder; the second, with an assault and battery only. There was a demurrer to the indictment, which was overruled. The defendants were then tried, acquitted upon the first count, and found guilty upon the second.
It is insisted, that this joinder of counts is error, for which the judgment should be reversed. There seems to have been some want of uniformity in the decision on this…
2Cited by6 opinions
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- State v. SmallwoodSupreme Court of Missouri · 1878
- Jeese v. StateMississippi Supreme Court · 1872
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