Legal Opinion

Lewis v. State

Mississippi Supreme Court

Decided October 15, 1873PublishedCited by 3 opinions

Error to the circuit court of Lauderdale county. Hon. Robert Leachman, Judge. • The facts in the case sufficiently appear in the opinion of the court. Cited Rev. Code 1857, 572', art. 11; Rev. Code 1871, § 2490; 2 East. P. C., 1034; Starkie Or. P., 240; 6 Howard) 242; 13 S. & M., 263 ; 23 Miss. Rep., 525; 42 Miss. Rep., 328; Martha v. The State, 2 Ala., 72; Pitts y.

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Error to the circuit court of Lauderdale county. Hon. Robert Leachman, Judge. • The facts in the case sufficiently appear in the opinion of the court. Cited Rev. Code 1857, 572', art. 11; Rev. Code 1871, § 2490; 2 East. P. C., 1034; Starkie Or. P., 240; 6 Howard) 242; 13 S. & M., 263 ; 23 Miss. Rep., 525; 42 Miss. Rep., 328; Martha v. The State, 2 Ala., 72; Pitts y. The State, 43 Miss., 472. The objection to the indictment made by motion in the court below in arrest of judgment, could, under section 2884 of the Revised Code of 1871, only have:been made before verdict, by motion to quash, or…

1Opinion of the CourtTarbedi, J.

The plaintiff in error was indicted, tried and convicted of the crime of arson, followed by a sentence of death, under section 2490 of the Code, which provides as follows; K Every person who shall willfully set fire to, or burn, in the night time, any house, ship, vessel, dr boat, in which there, shall be, at the time, some human being, usually staying, lodging, or residing at night, upon conviction thereof, shall suffer death, or be imprisoned in the penitentiary for life.”

The indictment charges that “Anderson Lewis lately, to-wit; On the 10th day of October, 1871, in the county of…

2Cases cited5 opinions

  1. Riggs v. StateMississippi Supreme Court · 1872
  2. Ike v. StateMississippi Supreme Court · 1872
  3. Williams v. StateMississippi Supreme Court · 1872
  4. Anthony v. StateMississippi Supreme Court · 1872
  5. Jones v. StateMississippi Supreme Court · 1872

3Cited by3 opinions

  1. Norton v. StateMississippi Supreme Court · 1894
  2. Stark v. StateMississippi Supreme Court · 1902
  3. Buford v. StateMississippi Supreme Court · 1927

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