State v. Rees
Mississippi Supreme Court
From the circuit court of Prentiss county. Hon. Newnan Cayce, Judge. The appellee (Rees) was the clerk of the chancery court and ex officio clerk of the board of supervisors of Prentiss county. He was indicted for the violation of the sections of the code mentioned in the opinion. His demurrer to the whole indictment was sustained and the state appealed.
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From the circuit court of Prentiss county. Hon. Newnan Cayce, Judge. The appellee (Rees) was the clerk of the chancery court and ex officio clerk of the board of supervisors of Prentiss county. He was indicted for the violation of the sections of the code mentioned in the opinion. His demurrer to the whole indictment was sustained and the state appealed. The code sections ’mentioned are as follows: “1063 (2787). The same ; officers and persons exercising pnMic employments, and express trustees.—If any state officer or any county officer, or an officer in any district or subdivision of a…
1Opinion of the CourtWhitfield, J.
The first count in the indictment attempts to charge an offense under § 1063, code of 1892, and the second attempts to charge the offense denounced by § 1066. The offense sought to be charged in the first count may be punished by twenty years’ imprisonment in the penitentiary; the latter could not be punished with more than ten years in the penitentiary. The indictment, therefore, seeks to charge two distinct felonies of different degrees and different punishments. A demurrer was interposed on this ground, amongst others, and sustained, and the indictment quashed, no leave to amend being…
2Cases cited3 opinions
- Teat v. StateMississippi Supreme Court · 1876
- Hill v. StateMississippi Supreme Court · 1895
- Gates v. StateMississippi Supreme Court · 1894
3Cited by6 opinions
- Stinson v. StateMississippi Supreme Court · 1983
- Taylor v. StateCourt of Appeals of Mississippi · 2000
- Dixon v. StateMississippi Supreme Court · 1985
- Buford v. StateMississippi Supreme Court · 1927
- McEwen v. StateMississippi Supreme Court · 1923
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