Wells v. State
Mississippi Supreme Court
From the circuit court of Lauderdale county. TIon. Robert F. Cochran, Judge. Mrs. Wells, the appellant, was indicted and tried on a charge of receiving stolen property, was convicted, fined $100 and sentenced to the county jail for ninety days. From the conviction and sentence she appealed to the supreme court.
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From the circuit court of Lauderdale county. TIon. Robert F. Cochran, Judge. Mrs. Wells, the appellant, was indicted and tried on a charge of receiving stolen property, was convicted, fined $100 and sentenced to the county jail for ninety days. From the conviction and sentence she appealed to the supreme court. The indictment, after its formal parts, charged that appellant “did unlawfully and feloniously obtain goods, the personal property of J. M. Smith and J. A. Pigford, of the value of about- $30, before then feloniously stolen, taken and carried away; the said Martha Wells well knowing…
1Opinion of the CourtWhtteield, C. J.
The demurrer to the indictment should have been sustained. It is esséntial, in an indictment for receiving stolen property, to describe the property with the same particularity as is required in an indictment for larceny. See 2 Bishop, New Crim. Proc., secs. 982, 983; Ib. see. 699 et seq.
The judgment is reversed, the demurrer to the indictment sustained, the indictment quashed, and the prisoner will be held to await a proper indictment.
2Cited by8 opinions
- Nguyen v. StateMississippi Supreme Court · 2000
- Hitt v. StateMississippi Supreme Court · 1953
- Daniels v. StateMississippi Supreme Court · 1951
- Dexter Fulton v. State of MississippiMississippi Supreme Court · 2014
- United States v. JohnstonDistrict Court, W.D. Washington · 1923
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