Haywood v. State
Mississippi Supreme Court
Error to the circuit’ court of Nankin county. Mill-saps, J. The plaintiff in error was indicted and convicted for the larceny of a watch, the property of James Marshall; at the trial, the district attorney was permitted by the court to amend the indictment by striking out the name of James Marshall, and inserting that of James Cicero Marshall; which is the only question considered by this court. Contended, that the amendment could not legally have been made. 1 Bish. Cr.
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Error to the circuit’ court of Nankin county. Mill-saps, J. The plaintiff in error was indicted and convicted for the larceny of a watch, the property of James Marshall; at the trial, the district attorney was permitted by the court to amend the indictment by striking out the name of James Marshall, and inserting that of James Cicero Marshall; which is the only question considered by this court. Contended, that the amendment could not legally have been made. 1 Bish. Cr. Proc. §§ 389-393. That it was an amendment of substantial matter, and did not come within the provisions of the Rev. Code, §…
1Opinion of the Court
Simrall, J.:
The single cause assigned here for the reversal of the judgment is, that the circuit court permitted the district attorney to amend the indictment by striking therefrom the name of James Marshall, and inserting the name of James Cicero Marshall.
James Marshall is alleged to be the owner of the watch, the property stolen. The effect of the amendment was to introduce the middle name, which had been omitted.
The application and amendment were made pending the jury trial, before they retired from the bar, and after testimony had been put in by the defendant, that the name of the owner…
2Cases cited1 opinion
- Gillet v. MaynardNew York Supreme Court · 1809
3Cited by4 opinions
- Boggan v. ScruggsMississippi Supreme Court · 1947
- Wilkinson v. StateMississippi Supreme Court · 1900
- Blakeney v. SmithMississippi Supreme Court · 1938
- Andrews v. StateMississippi Supreme Court · 1954