Jeese v. State
Mississippi Supreme Court
Error to Carroll circuit court. Harris, J. The facts of the case are sufficiently set forth in the opinion of the court and the briefs of counsel. The indictment is fatally defective, because it does not charge, either directly or by necessary implication, that the burning was malicious. As a preliminary question to this, it is necessary to determine whether, upon the one hand, the statute upon which these proceedings are based (Hutch.
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Error to Carroll circuit court. Harris, J. The facts of the case are sufficiently set forth in the opinion of the court and the briefs of counsel. The indictment is fatally defective, because it does not charge, either directly or by necessary implication, that the burning was malicious. As a preliminary question to this, it is necessary to determine whether, upon the one hand, the statute upon which these proceedings are based (Hutch. Code, 521, § 55) creates a distinct statutory offense, prescribing a definition of all the facts which constitute the crime; or whether, upon the other hand,…
1Opinion of the Court
Handy, J.:
This was an indictment in the circuit court of Carroll county, under the 55th section of the statute of 1852, Hutch. Dig., 521, concerning slaves, free negroes, and mulattoes. The indictment charges that the plaintiff in error, “ on the 5th day of June, 1854, with force and arms, in the county aforesaid, did then and there wilfully and feloniously set fire to and burn up and consume with said fire a certain barn situate in said county,” etc., “ contrary to the statute in such cases made and provided,” etc. The accused pleaded not guilty, and on the trial a verdict and judgment of…
2Cases cited2 opinions
- Brantley v. StateMississippi Supreme Court · 1872
- Kirk v. StateMississippi Supreme Court · 1872