Legal Opinion

Jones v. State

Mississippi Supreme Court

Decided July 1, 1872PublishedCited by 6 opinions

Error to Jasper circuit court. DawsoN, J. The plaintiff in error was indicted in the court below for an assault with intent to kill, in the following words of the indictment to wit: “That William Jones, late, etc., on the first day of May in the year of our Lord eighteen hundred and forty-five, in the county aforesaid, with force and arms, etc., with a certain gun, then and there loaded with powder and divers leaden shot, which he, the said William Jones, in both hands then…

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Error to Jasper circuit court. DawsoN, J. The plaintiff in error was indicted in the court below for an assault with intent to kill, in the following words of the indictment to wit: “That William Jones, late, etc., on the first day of May in the year of our Lord eighteen hundred and forty-five, in the county aforesaid, with force and arms, etc., with a certain gun, then and there loaded with powder and divers leaden shot, which he, the said William Jones, in both hands then and there had and held, at and against one Cornelius L. Mixon, then and there being, feloniously, wilfully, maliciously,…

1Opinion of the Court

Thacheb, J.:

This is an indictment for an assault with an intent to kill, framed under the statute, (H. & H., 698, § 39,) which runs against any person shooting at another with intent to kill such other person.

The point made here is upon a motion in arrest of judgment for defects in the indictment overruled in the circuit court. The indictment alleges that the said William Jones, etc., “ with a certain gun, then and there loaded with powder and divers leaden shot, which he, the said William Jones, in both his hands, then and there had and held, at and against one Cornelius L. Mixon, then and…

2Cases cited1 opinion

  1. State v. MarshallSupreme Court of Alabama · 1848

3Cited by6 opinions

  1. State v. MulhallSupreme Court of Missouri · 1906
  2. Taylor v. StateMississippi Supreme Court · 1952
  3. Barnette v. StateMississippi Supreme Court · 1965
  4. Lewis v. StateMississippi Supreme Court · 1873
  5. United States v. GallagherU.S. Circuit Court for New York · 1832

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