Legal Opinion

Gamblin v. State

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 10 opinions

Error to the circuit court of Neshoba county. Leach-man, J. The minute detail with which the court has, in its opinion, presented the points it has considered, leaves nothing for the reporter to state. I. The indictment was fatally defective. As it was returned by the grand jury, it charges no offense. The word in the statute that defines the act denounced by the legislature is omitted.

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Error to the circuit court of Neshoba county. Leach-man, J. The minute detail with which the court has, in its opinion, presented the points it has considered, leaves nothing for the reporter to state. I. The indictment was fatally defective. As it was returned by the grand jury, it charges no offense. The word in the statute that defines the act denounced by the legislature is omitted. It is not unlawful to exhibit a weapon in a “rude, angry or threatening” state of mind, but it must be exhibited in that “manner,” and if not averred in the indictment to be in that “manner,” it is no…

1Opinion of the Court

Tabbell, J.:

The plaintiff in error was indicted at the September term of the Neshoba county circuit court, 1867, under art. 56, Code, 582, for the exhibition of deadly weapons. At a subsequent term, a motion to quash was submitted on the following grounds: “ 1st. Because the indictment does not charge that the pistol was loaded; 2d. It does not charge that the defendant was carrying the pistol charged to have been exhibited; 3d. It does not charge the defendant with exhibiting the weapon in a rude, angry and threatening manner. ’ ’ This motion being overruled, the accused pleaded not guilty,…

2Cases cited3 opinions

  1. Kline v. StateMississippi Supreme Court · 1870
  2. Unger v. StateMississippi Supreme Court · 1872
  3. Kelly v. MillerMississippi Supreme Court · 1860

3Cited by10 opinions

  1. Davis v. StateMississippi Supreme Court · 1988
  2. People v. CaseMichigan Supreme Court · 1895
  3. People v. WilliamsonMichigan Supreme Court · 1918
  4. Cook v. StateMississippi Supreme Court · 1895
  5. State v. MorrisSupreme Court of Missouri · 1915

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