Brady v. State
Mississippi Supreme Court
Appeal from circuit court of Jones county. Hon. R. S. Hall, Judge. Yernon Brady was convicted of robbery, and be appeals. We submit that the indictment attempts to charge both forms of robbery and charges them both in the same count.
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Appeal from circuit court of Jones county. Hon. R. S. Hall, Judge. Yernon Brady was convicted of robbery, and be appeals. We submit that the indictment attempts to charge both forms of robbery and charges them both in the same count. In furtherance of the same error that we now complain of, when the proof was in, the court gave an instruction to the state, marked number one, telling the jury substantially, that if they believed beyond a reasonable doubt that the robbery consisted of either one or the other form, they' should find the defendant guilty. It was error for the court to grant this…
1Opinion of the CourtSykes, P. J.
The appellant was indicted and convicted of the crime of robbery and sentenced to serve a seven-year term in the penitentiary. From which judgment he prosecutes this áppeal.
The material averments of the indictment are as fol- ' lows:
“That Vernon Brady, on the 6th day of September, 1921, in the county and district aforesaid in and upon one Wesley Hopkins feloniously did make an assault and him the said Wesley Hopkins did then and there feloniously put in bodily fear Of immediate injury to his person, and ten dollars and forty cents of good and lawful money of the United States of America, of…
2Cases cited5 opinions
- Saucier v. StateMississippi Supreme Court · 1912
- Runnels v. StateMississippi Supreme Court · 1909
- Thompson v. StateMississippi Supreme Court · 1903
- Jimerson v. StateMississippi Supreme Court · 1908
- Roux v. City of GulfportMississippi Supreme Court · 1910
3Cited by17 opinions
- Goff v. StateMississippi Supreme Court · 2009
- Stinson v. StateMississippi Supreme Court · 1983
- Fisher v. StateMississippi Supreme Court · 1928
- Byrd v. StateMississippi Supreme Court · 1969
- Sauer v. StateMississippi Supreme Court · 1932
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