Rist v. State
Mississippi Supreme Court
Prom the circuit court of Pike county. Hon. Motse H. Wilkinson, Judge. Eist, appellant, was indicted, tried and convicted of capital arson and appealed to the supreme court. The opinion of the court states the case. [The reporter has been unable to find the briefs of counsel in. this case; hence, no synopsis of either of them is given.]
1Opinion of the CourtWhitfield, C. J.
The indictment in this case charges that John Rist burned a dwelling house of Dr. V. Simmons, etc., in the nighttime, following the language of the particular statute, to-wit, section 1036 of the Code of 1906. It will be observed that the punishment under section 1036 is either death or life imprisonment in the penitentiary. "Whére the burning of the dwelling house is in the daytime, under section 1037, the punishment is imprisonment in the penitentiary for not less than ten years.
This being the allegation in this indictment, founded on the particular statute named, the court refused the…
2Cited by9 opinions
- Rowe v. StateSupreme Court of Arkansas · 1955
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- Coleman v. StateMississippi Supreme Court · 1909
- State v. BatesMississippi Supreme Court · 1940
- Jenkins v. StateCourt of Appeals of Georgia · 1941
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