State v. Peek
Mississippi Supreme Court
Prom the circuit court of Neshoba county. Hon. James P. Byrd, Judge. Peek, the appellee, was indicted for manslaughter, and demurred to the indictment. The demurrer was confessed by the state and the indictment amended;, thereupon appellee moved to quash the indictment, his motion was sustained, and the state appealed to the supreme court.
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Prom the circuit court of Neshoba county. Hon. James P. Byrd, Judge. Peek, the appellee, was indicted for manslaughter, and demurred to the indictment. The demurrer was confessed by the state and the indictment amended;, thereupon appellee moved to quash the indictment, his motion was sustained, and the state appealed to the supreme court. The indictment, after the formal requisites, charged that the appellee, on a designated date, did “unlawfully and feloniously kill and slay an infant, the child of J. P. Brantley and Mrs. Tressi© Brantley, a human being, against the peace and dignity of the…
1Opinion of the CourtMates, J.
We think the court erred in quashing the indictment in this case. The indictment in all respects informs the defendant of the nature of the charge against him as specifically and definitely as language could malm it. The indictment charges that the defendant “did unlawfully and feloniously kill and slay an unnamed infant, the child of J. R. Brantley and Mrs. Tressie Brantley,” etc. This charge is the same as if the indictment had alleged the killing of the infant child of J. B. Brantley and Mrs. Tressie Brantley, whose name was unknown to the grand jurors. The demurrer to the indictment…
2Cases cited1 opinion
- State v. PrudeMississippi Supreme Court · 1898
3Cited by3 opinions
- Boddie v. StateMississippi Supreme Court · 2004
- State v. PeoplesMississippi Supreme Court · 1986
- State v. GradyMississippi Supreme Court · 1973