Moseley v. State
Mississippi Supreme Court
From the circuit court of Hancock county. Hon. William H. Hardy, Judged Moseley, appellant, was indicted and tried for burglary, convicted and sentenced to the penitentiary for five years; and appealed to the supreme court.
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From the circuit court of Hancock county. Hon. William H. Hardy, Judged Moseley, appellant, was indicted and tried for burglary, convicted and sentenced to the penitentiary for five years; and appealed to the supreme court. The indictment in this case, omitting the formal parts, was as follows: “The grand jurors aforesaid, elected, impaneled and sworn and charged to inquire in and for said county in the state aforesaid, upon their oaths present: that Charles Moseley in said county on the first day of October, 1906, the dwelling house of Mrs. Nicol in Bay St. Louis, said county and state, in…
1Opinion of the CourtCalhoon, J.
The indictment is for burglary and contains two counts. The first, by apt words, charges’burglary with intent to commit larceny. The second count charges burglary with intent to commit “a crime.” The verdict was guilty as charged in the bill of indictment. The indictment was not demurred to; nor was any defect in it noticed until objection made in the motion for a new trial, in which it is stated that the second count charged no offense and that the facts did not warrant conviction on the first count.
Where one of several counts is defective, a verdict of conviction will be referred by the…
2Cases cited6 opinions
- Steadman v. StateSupreme Court of Georgia · 1888
- State v. WorthenSupreme Court of Iowa · 1900
- Commonwealth v. SheddMassachusetts Supreme Judicial Court · 1886
- Franco v. StateTexas Supreme Court · 1874
- State v. FoxSupreme Court of Iowa · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. WatersSupreme Court of Florida · 1983
- Gillum v. StateMississippi Supreme Court · 1985
- State v. WoodruffSupreme Court of Iowa · 1929
- Fondren, Alias Taylor v. StateMississippi Supreme Court · 1965
- Simpson v. StateSupreme Court of Florida · 1921
11 more not listed; retrieve them via the Exa API.