Miller v. State
Mississippi Supreme Court
From the circuit court of Washington county. HoN. George WiestoN, Judge. The appellant was indicted for the murder of one Bowman. During the examination of the first witness on behalf of the state, it developed that the true Christian name of Bowman was Junius Bowman, whereas it appeared in the indictment as James Bowman.
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From the circuit court of Washington county. HoN. George WiestoN, Judge. The appellant was indicted for the murder of one Bowman. During the examination of the first witness on behalf of the state, it developed that the true Christian name of Bowman was Junius Bowman, whereas it appeared in the indictment as James Bowman. Thereupon the court, upon motion of the district attorney, and over the objection of the defendant, ordered the indictment to be amended by substituting the true Christian name for that erroneously written in the indictment. The record does not disclose that there was any…
1Opinion of the CourtWoods, C. J.
It is assigned for error that the court on the trial, and after one witness had been partially examined, permitted the counsel for the state, on motion, to amend the indictment, so as to conform to the undisputed fact proved, by substituting the true Christian name of the deceased for that which had been erroneously inserted by the grand jury. The identity of the offense charged was not disturbed and the real charge preferred by the indictment was not changed; and that Junius Bowman was the person alleged to have been murdered by the accused, and was the person intended to be named by the…
2Cited by14 opinions
- Anderson v. StateMississippi Supreme Court · 1934
- State v. GoddardSupreme Court of Missouri · 1901
- Bingham v. StateMississippi Supreme Court · 1983
- State v. PageSupreme Court of Missouri · 1908
- Gillespie v. StateMississippi Supreme Court · 1954
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