Solomon Banks v. State
Mississippi Supreme Court
From the circuit court of Yazoo county. IIom. Wiley H. Potter, Judge. Banks, appellant, was indicted for arson; the indictment charging that he “did then and there willfully, unlawfully, and feloniously set fire to and burn a certain dwelling house then and there situated,” etc. Appellant demurred to this indictment because it was not alleged that some one resided therein either in the daytime or at night, nor that the setting fire thereto was in the daytime or night.
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From the circuit court of Yazoo county. IIom. Wiley H. Potter, Judge. Banks, appellant, was indicted for arson; the indictment charging that he “did then and there willfully, unlawfully, and feloniously set fire to and burn a certain dwelling house then and there situated,” etc. Appellant demurred to this indictment because it was not alleged that some one resided therein either in the daytime or at night, nor that the setting fire thereto was in the daytime or night. The court below overruled the demurrer, holding the indictment to be good under Code 1906, § 1040, which is as follows: “1040…
1Opinion of the CourtMayes, J.
The indictment in this case is a good indictment under section 104. of the Code of 1906. This was expressly held in the case of Dick v. State, 53 Miss. 384.
The record shows that testimony was offered to prove two alleged confessions made by appellant. The first confession offered to be proved was made on Sunday afternoon, while appellant was under arrest, and was rejected by the court because made under improper inducement; but the court permitted the testimony offered on the part of the state to prove a second confession, alleged to have been made to practically the same parties to whom the…
2Cases cited2 opinions
- State v. SmithMississippi Supreme Court · 1894
- Dick v. StateMississippi Supreme Court · 1876
3Cited by8 opinions
- Fisher v. StateMississippi Supreme Court · 1926
- Jones v. StateMississippi Supreme Court · 1923
- Holmes v. StateMississippi Supreme Court · 1951
- White v. StateMississippi Supreme Court · 1922
- Barnes v. StateMississippi Supreme Court · 1945
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