Brister v. State
Mississippi Supreme Court
PROM the circuit court of Pike county. Host. Moyse H. Wilkihsoil Judge. Polly Brister; the appellant, was indicted, tried, and convicted of violating Code 1892, § 1126, permitting gambling in her dwelling house, and appealed to the supreme court.
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PROM the circuit court of Pike county. Host. Moyse H. Wilkihsoil Judge. Polly Brister; the appellant, was indicted, tried, and convicted of violating Code 1892, § 1126, permitting gambling in her dwelling house, and appealed to the supreme court. The indictment, omitting formal parts, was as follows: “Polly Brister, in said county, on the 25th day of August, 1902, being then and there the lessee and occupant of a certain dwelling house located in the town of Summit, Mississippi, and occupied by her as a dwelling, did then and there, unlawfully, knowingly, and feloniously, permit and suffer…
1Opinion of the CourtCox, J.
The action of the court in overruling the demurrer to the indictment was correct. The use of the adverb “feloniously” in charging a misdemeanor does not vitiate the indictment.' It does not prejudice the accused, and will be treated as mere surplusage. The indictment charges with sufficient fullness and precision the statutory offense of permitting games of chance for money to be carried on in one’s dwelling house. It informed the accused of the nature and cause of the accusation, and so identified the offense as to insure accused against a subsequent prosecution therefor.
There was no error…
2Cited by8 opinions
- Wilcher v. StateMississippi Supreme Court · 2003
- Rutland v. StateMississippi Supreme Court · 2011
- Collins v. StateMississippi Supreme Court · 1997
- Annaratone v. StateMississippi Supreme Court · 1981
- Lewis v. StateMississippi Supreme Court · 1923
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