Rembert v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The case is stated in the opinion of the court. The offence was not properly charged. Code 1871, sect. 2708. Being a statutory offence, it should have been charged in the language" of the statute.
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ERROR to the Circuit Court of Copiah County. Hon. S. S. Calhoon, Judge. The case is stated in the opinion of the court. The offence was not properly charged. Code 1871, sect. 2708. Being a statutory offence, it should have been charged in the language" of the statute. Anthony's Case, 13 Smed. & M. 263; Ike’s Oase, 1 Cushm. 525; Scott’s Oase,.2 G-eo. 473; Williams’s Oase, 42 Miss. 328. 'The words “ out of a spirit of revenge, or wanton cruelty,” were necessary to a substantial description of the offence. Thompson v. The State, 51 Miss. 355. The omitted words would have b.een necessary at…
1Opinion of the CourtChalmers, J.
Prosecution was commenced against the plaintiff in error, before a justice, for malicious mischief in shooting a horse. After conviction both before the justice and on appeal in the Circuit Court, there was a motion in arrest of judgment, on the ground that the affidavit described no offence under the statute. The Code, sect. 2708, enacts that “ any person who shall maliciously, either out of a spirit of revenge, or wanton cruelty, or mischievously, kill, wound, maim, injure,” etc., shall be punished as prescribed.
The affidavit charged the shooting here to have been done *282“maliciously,” but…
2Cases cited1 opinion
- Thompson v. StateMississippi Supreme Court · 1875
3Cited by3 opinions
- Shotts v. City of MadisonCourt of Appeals of Mississippi · 2014
- Shotts v. City of MadisonCourt of Appeals of Mississippi · 2014
- Smith v. StateMississippi Supreme Court · 1909