McCarty v. State
Mississippi Supreme Court
Error to LaFayette circuit court. Cushman, J. The nature of the indictment is fully set out in the opinion of the court. The plaintiff in error moved the court to quash the first count in the indictment, because the clause in the charter of the Mississippi Central Railroad Company, upon which it was based, was not iu force, but had been superseded and repealed; and the court overruled the motion, and the plaintiff in error excepted.
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Error to LaFayette circuit court. Cushman, J. The nature of the indictment is fully set out in the opinion of the court. The plaintiff in error moved the court to quash the first count in the indictment, because the clause in the charter of the Mississippi Central Railroad Company, upon which it was based, was not iu force, but had been superseded and repealed; and the court overruled the motion, and the plaintiff in error excepted. The plaintiff in error Was then arraigned, and pleaded not guilty. The state proved, by Mr. Smith, that he went from Abbeville to Mount Yernon church, a distance…
1Opinion of the Court
Handy, J.:
This was a prosecution against the plaintiff in error, for placing obstructions on tbe Mississippi Central Railroad.
Tbe indictment contained three counts: tbe first charging, that tbe defendant “wilfully and maliciously did place an obstruction on said railroad, which obstruction was then and there of such a nature as to endanger tbe lives of persons being carried .pn and upon tbe said railroad, contrary to tbe form of tbe statute,” &c.; tbe second charging, that tbe defendant “ did wantonly obstruct tbe Mississippi Central Railroad ”; tbe third charging, that tbe defendant “did…
2Cases cited1 opinion
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