Fire Insurance v. State
Mississippi Supreme Court
From the circuit court of Lauderdale county. HoN. JohN W. Fewell, Judge. The facts are stated in the opinion of the court. The section and clause (4437g) of the code, upon which the indictment is founded, must of course be taken in connection with section 1007, which announces the penalty. And we apprehend that no indictment can be regarded as sufficient, in substance, unless it is so framed that, upon its face, upon a plea of guilty, a legal sentence can be pronounced.
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From the circuit court of Lauderdale county. HoN. JohN W. Fewell, Judge. The facts are stated in the opinion of the court. The section and clause (4437g) of the code, upon which the indictment is founded, must of course be taken in connection with section 1007, which announces the penalty. And we apprehend that no indictment can be regarded as sufficient, in substance, unless it is so framed that, upon its face, upon a plea of guilty, a legal sentence can be pronounced. An overt act in this state, in furtherance of the agreement, and itself a crime, must follow to the injury of some person or…
1Opinion of the CourtWhitfield, J.
Section 4437 (y), of code of 1892, defining certain trusts and combines, is in these words: “A trust and combine is a combination, contract, understanding or agreement, express or implied, between two or more persons, corporations, or firms, or associations of persons, or between one or more of either, with one or more of the others, \g) to place the control, to any ex-extent, (1) of business, or (2) of the products, or (3) earnings thereof, in the power of trustees, by whatever name called; and is inimical to the public welfare, unlawful and a criminal conspiracy.” And subdivision (A)…
2Cases cited7 opinions
- United States v. BrittonSupreme Court of the United States · 1883
- Dealy v. United StatesSupreme Court of the United States · 1894
- Queen Insurance v. StateTexas Supreme Court · 1893
- Santa Clara Valley Mill and Lumber Co. v. HayesCalifornia Supreme Court · 1888
- Commonwealth v. JuddMassachusetts Supreme Judicial Court · 1807
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. HayesSupreme Court of Connecticut · 1941
- Archer v. StateCourt of Appeals of Maryland · 1924
- Norman v. StateMississippi Supreme Court · 1980
- Brown v. Staple Cotton Co-operative Ass'nMississippi Supreme Court · 1923
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
17 more not listed; retrieve them via the Exa API.