Legal Opinion

Reed v. City of Greenville

Mississippi Supreme Court

Decided October 15, 1903PublishedCited by 4 opinions

From tbe circuit court of Washington county. HoN. A. McC. Kimbrough, Judge. Reed, tbe appellant, was charged, tried and convicted of the violation of an ordinance of tbe city of Greenville. lie appealed to tbe circuit court from tbe municipal court and was there again tried and convicted and appealed therefrom to the supreme court.

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From tbe circuit court of Washington county. HoN. A. McC. Kimbrough, Judge. Reed, tbe appellant, was charged, tried and convicted of the violation of an ordinance of tbe city of Greenville. lie appealed to tbe circuit court from tbe municipal court and was there again tried and convicted and appealed therefrom to the supreme court. Tbe ordinance made it an offense against the city for any person to feloniously take, steal or carry away any personal property of another, or to have any stolen property in one’s possession, knowing said property to be stolen. Tbe evidence showed that-appellant…

1Opinion of the Court

Whitfield, O. J.,

delivered tbe opinion of tbe court.

Tbe contention of learned counsel for appellant is ingenious, but not sound. Tbe definition of petit larceny in tbe section quoted from tbe. ordinance of tbe city of Greenville is tbe common law definition, and carries with it all tbe common law incidents of tbe crime, among others tbe one that an accessory, in *195petit larceny is a principal, and is to be punished as such. The doctrine that an accessory before the fact in misdemeanors is a principal is an inseparable incident of every definition of each offense. We look to the common law for…

2Cited by4 opinions

  1. State v. LabellaMississippi Supreme Court · 1970
  2. Hathorn v. StateMississippi Supreme Court · 1963
  3. Smith v. StateMississippi Supreme Court · 1954
  4. Gulf S.I.R. Co. v. StillMississippi Supreme Court · 1934

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