Bethany v. State
Mississippi Supreme Court
Appeal from circuit court of Panola county. Hon. E. D. Dinkins, Judge. Dan Bethany was convicted of petty larceny, and he appeals. The affidavit alleges sole ownership in Will Powell. The only ownership proven by state in said cause was proven by Will Powell and that ownership was shown to be in Dr. Anderson and Will Powell, Dr. Anderson owning a third interest and Will Powell a two-thirds interest.
Read the full summary
Appeal from circuit court of Panola county. Hon. E. D. Dinkins, Judge. Dan Bethany was convicted of petty larceny, and he appeals. The affidavit alleges sole ownership in Will Powell. The only ownership proven by state in said cause was proven by Will Powell and that ownership was shown to be in Dr. Anderson and Will Powell, Dr. Anderson owning a third interest and Will Powell a two-thirds interest. This variance was fatal and the defendant should have been sustained in his motion to exclude testimony as shown by record page No. 21. The court has held in McDowell v. State, where an indictment…
1Opinion of the CourtSmith, C. J.
The appellant was convicted in the court below of stealing one bushel of corn, alleged in the affidavit on which he was tried to have been the property of Will Powell, and the error assigned is that the evidence does not support the verdict, for the reason that it appears from the evidence that the corn stolen was owned by Will Powell and another jointly. The corn was stolen by the appellant from a field on the Hudson place cultivated by Will Powell, and .which he had rented from a man by the name of Anderson. In the cross-examination of Will Powell appear the following questions and answers,…
2Cases cited2 opinions
- Doty v. HethMississippi Supreme Court · 1876
- Betts v. RatliffMississippi Supreme Court · 1874
3Cited by1 opinion
- Lewis v. LathamMississippi Supreme Court · 1955