Carothers v. State
Mississippi Supreme Court
Appeal from the circuit court of LaFayette county. Hon. C. Lee Crum, Judge. McKinly Carothers was convicted of burglary and appeals. The facts are fully stated in the opinion of the court. The defendant was never warned that what he should say would be used against him. The indictment is bad and, therefore, fatally defective in not charging that the intent to steal, take and carry away certain personal property was a burglarious one.
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Appeal from the circuit court of LaFayette county. Hon. C. Lee Crum, Judge. McKinly Carothers was convicted of burglary and appeals. The facts are fully stated in the opinion of the court. The defendant was never warned that what he should say would be used against him. The indictment is bad and, therefore, fatally defective in not charging that the intent to steal, take and carry away certain personal property was a burglarious one. In Draughn v. State, 76 Miss. 574, 25 So. 153, the court said: “An indictment is bad which only charges the defendant with breaking and entering a dwelling house…
1Opinion of the CourtStevens, J.
Appellant was indicted and convicted of burglary and sentenced to the penitentiary for two years. On this appeal he contends that the indictment is fatally defective; secondly, that certain confessions were improperly admitted in evidence; thirdly, that the verdict is contrary to the law and the evidence; fourthly, complaint is made of the following language used by Ihe district attorney in his argument:
“Possession of recent stolen property is prima-facie evidence of guilt, and that I could obtain an instruction from the court to that effect.”
The indictment is drawn under section 1068, Code…
2Cases cited5 opinions
- Cook v. StateMississippi Supreme Court · 1895
- Moseley v. StateMississippi Supreme Court · 1908
- Draughn v. StateMississippi Supreme Court · 1898
- Harper v. StateMississippi Supreme Court · 1893
- Simon v. StateMississippi Supreme Court · 1872
3Cited by5 opinions
- State v. DaymusArizona Supreme Court · 1961
- Newell v. StateMississippi Supreme Court · 1950
- Wohner v. StateMississippi Supreme Court · 1936
- Hitt v. StateMississippi Supreme Court · 1938
- Newell v. StateMississippi Supreme Court · 1950