Legal Opinion

State v. Freeman

Mississippi Supreme Court

Decided March 15, 1907PublishedCited by 1 opinion

From the circuit court of Union county. Hon. James B. Booti-ie, Judge. Mrs. Freeman, the appellee, was indicted for arson; a demurrer was sustained to the indictment against her, and the state appealed to the supreme court.- The indictment charged that the accused “unlawfully, wilfully, feloniously and maliciously did set fire to and burn in the daytime a certain barn and about seventy-five bushels of corn in said barn; this barn and corn then and there being the property of…

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From the circuit court of Union county. Hon. James B. Booti-ie, Judge. Mrs. Freeman, the appellee, was indicted for arson; a demurrer was sustained to the indictment against her, and the state appealed to the supreme court.- The indictment charged that the accused “unlawfully, wilfully, feloniously and maliciously did set fire to and burn in the daytime a certain barn and about seventy-five bushels of corn in said barn; this barn and corn then and there being the property of J. L. Swain; against the peace and dignity of the state.” ■ The demurrer was predicated of the idea that two separate…

1Opinion of the CourtOalhoon, J.

The indictment contains in one count a charge of two distinct felonies, one for burning the barn and the other for burning the corn (Code 1906, §§ 1040, 1042),- with different penalties, and the circuit court correctly sustained the demurrer to it. State v. Walker (Miss.), 41 South., 8; State v. Rees, 76 Miss., 435, 22 South., 829; Avant v. State, 71 Miss., 78, 13 South., 881.

2Cases cited3 opinions

  1. Avant v. StateMississippi Supreme Court · 1893
  2. State v. ReesMississippi Supreme Court · 1898
  3. State v. WalkerMississippi Supreme Court · 1906

3Cited by1 opinion

  1. McGraw v. StateMississippi Supreme Court · 1930

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