Clue v. State
Mississippi Supreme Court
From the circuit court of Tate county. Hon. Perrin H. Lowrey, Judge. Clue, the appellant, was indicted, tried and convicted of-arson, and appealed to the supreme court. The opinion states the case. The indictment in this case charges two separate and distinct offenses in one count; first, the burning of the cotton house of R. B. Carter, and, second, the burning of the three bales of cotton of Carter and Lee.
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From the circuit court of Tate county. Hon. Perrin H. Lowrey, Judge. Clue, the appellant, was indicted, tried and convicted of-arson, and appealed to the supreme court. The opinion states the case. The indictment in this case charges two separate and distinct offenses in one count; first, the burning of the cotton house of R. B. Carter, and, second, the burning of the three bales of cotton of Carter and Lee. This case is not analagous to Avant v. State, 71 Miss., 78. In that case the court held the defendant was indicted for burning the house only, and not for the cotton; that the cotton was…
1Opinion of the CourtCalhoon, J.
The indictment charges that defendant £ ‘ unlawfully, wilfully, feloniously and maliciously did set fire to and burn a cotton house worth $100, the property then' and there of R. B. Carter, and three bales of cotton contained therein, which cotton was then and there the joint property of R. B. Carter and Babe Lee, and worth $120,” etc. Defendant did not demur, but *663moved the court to require the state to £ £ elect on which count in the indictment it would proceed, which motion the court overruled.
While charging two offenses in the same count is bad practice, still, as it appears on the face of…
2Cases cited1 opinion
- Avant v. StateMississippi Supreme Court · 1893
3Cited by5 opinions
- Stinson v. StateMississippi Supreme Court · 1983
- Bennett and Holiman v. StateSupreme Court of Arkansas · 1940
- Jimerson v. StateMississippi Supreme Court · 1908
- McGraw v. StateMississippi Supreme Court · 1930
- Wallace v. StateMississippi Supreme Court · 1938