Smith v. State
Mississippi Supreme Court
Appeal from tbe circuit court of Warren county. HoN. E. L. BejaN, Judge. , Alex Smith was convicted of grand larceny and appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. There was a fatal variance between the allegation of ownership laid in the indictment and the evidence adduced on the trial. The' indictment charges that “a certain cow, the property of Ethel Young, Mathew Young, John Young and Perry Young, was feloniously taken.”
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Appeal from tbe circuit court of Warren county. HoN. E. L. BejaN, Judge. , Alex Smith was convicted of grand larceny and appeals. Tbe facts are sufficiently stated in tbe opinion of tbe court. There was a fatal variance between the allegation of ownership laid in the indictment and the evidence adduced on the trial. The' indictment charges that “a certain cow, the property of Ethel Young, Mathew Young, John Young and Perry Young, was feloniously taken.” The proof shows unmistakably that the cow was the property of Berry Young the father, who was killed long after the cow was taken, and who…
1Opinion of the Court
Pee Curiam.
ON SUGGESTION OE ERROR.
Appellant was indicted and convicted of stealing a cow, alleged in the indictment to have been the property of Ethel, Matthew, John, and Perry Tonng. The evidence discloses that the cow, when stolen, was the property of “old man” Perry Tonng, who died after it was stolen and before the finding of the indictment, leaving as his heirs at law his children, the persons alleged in the indictment to be the owners of the cow. No objection was made to this variance between the proof and the indictment, bnt two instructions were granted appellant charging the jury…
2Cases cited1 opinion
- Foster v. StateMississippi Supreme Court · 1876
3Cited by6 opinions
- Childress v. StateMississippi Supreme Court · 1940
- Washington v. StateCourt of Appeals of Mississippi · 1998
- Horn v. StateMississippi Supreme Court · 1933
- Kellum v. StateMississippi Supreme Court · 1952
- Rodgers v. StateMississippi Supreme Court · 1954
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