Ward v. State
Mississippi Supreme Court
From the circuit court of Claiborne county. Hon. John N. Bush, Judge. 'Madame Ward, appellant, having been convicted of petit larceny before a justice of the peace, appealed to the circuit court; and, upon her conviction there, she appealed to the supreme court.
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From the circuit court of Claiborne county. Hon. John N. Bush, Judge. 'Madame Ward, appellant, having been convicted of petit larceny before a justice of the peace, appealed to the circuit court; and, upon her conviction there, she appealed to the supreme court. The affidavit, as amended in the circuit court, on which appellant was convicted, charged that she “then and there did feloniously steal, take and carry away one shirt waist of the value of $2.50, the personal property of Mrs. Howard, and twelve yards of calico, of the value of $1, the property of Carrie Ryan.” The amended affidavit…
1Opinion of the CourtCalhoon, J.
The affidavit is not vitiated by charging that different articles stolen were the property of different persons, specifying the articles and owners. The only result would be, on the trial in this case, to compel the state to show a single asportation. However, it is plain that the article charged to be the property of Carrie Ryan was not hers. It was only promised to be given her, and never delivered. She could not have maintained replevin for it against Mrs. Howard. It is also plain that the evidence of ownership of any of the property by Mrs. Howard is mere hearsay, and cannot sustain'…
2Cited by4 opinions
- Dalton v. StateMississippi Supreme Court · 1907
- Jimerson v. StateMississippi Supreme Court · 1908
- Heard v. StateMississippi Supreme Court · 1937
- Smith v. StateMississippi Supreme Court · 1929