State v. Buchanan
Mississippi Supreme Court
Feom the circuit court, second district, Chickasaw county. HoN. Newman Cayoe, Judge. The facts are stated in the opinion. We are aware that it is held in many cases that the specific crime intended to be committed must be named, but we do not think this court will consider it necessary to set out the crime, when it is charged by the grand jury that the crime intended to have been committed was to said grand jurors unknown.
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Feom the circuit court, second district, Chickasaw county. HoN. Newman Cayoe, Judge. The facts are stated in the opinion. We are aware that it is held in many cases that the specific crime intended to be committed must be named, but we do not think this court will consider it necessary to set out the crime, when it is charged by the grand jury that the crime intended to have been committed was to said grand jurors unknown. The court will see that the statute makes no difference in the punishment as to whether the intention was to commit one crime or another. The intent to commit a crime must…
1Opinion of the CourtWoods, C. J.
The indictment charges the appellee with the burglarious breaking and entering of the dwelling house of one T. S. Johnson, “with the wilful, felonious and burglarious intent then and there to commit some crime to the jurors aforesaid unknown.” To this indictment the defendant demurred, assigning, amongst other causes of demurrer, that it charges no crime under the laws of this state; and that it fails to charge the specific crime with intent to commit which the defendant was alleged to have broken and entered the house. The demurrer was by the court below sustained, and from -this action of…
2Cases cited3 opinions
- People v. NelsonCalifornia Supreme Court · 1881
- Portwood v. StateTexas Supreme Court · 1867
- State v. LockhartSupreme Court of Georgia · 1858
3Cited by21 opinions
- Lambert v. StateMississippi Supreme Court · 1984
- State v. BerryhillMississippi Supreme Court · 1997
- State v. . AllenSupreme Court of North Carolina · 1923
- United States v. Roy L. Thomas, Jr.Court of Appeals for the D.C. Circuit · 1971
- Newburn v. StateMississippi Supreme Court · 1967
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