Hughes v. State
Mississippi Supreme Court
From the circuit court of DeSoto county. The appellant was prosecuted for stealing seed cotton of the value of $20. The affidavit alleged that it was stolen from the premises of J. D. Nichols, the affiant, but did not allege that it was the property of Nichols, or any other person than the accused. The evidence showed that the cotton was stored in a cotton house on the plantation of Nichols.
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From the circuit court of DeSoto county. The appellant was prosecuted for stealing seed cotton of the value of $20. The affidavit alleged that it was stolen from the premises of J. D. Nichols, the affiant, but did not allege that it was the property of Nichols, or any other person than the accused. The evidence showed that the cotton was stored in a cotton house on the plantation of Nichols. The defendant was found guilty, and a motion was made in arrest of judgment, on the ground discussed in the opinion of the court, upon the overruling of which this appeal was taken. 1. The affidavit was…
1Opinion of the CourtWoods, J.
The motion in arrest of judgment should have been sustained. The cotton charged in the affidavit to have been stolen was not laid as the property of affiant or as in his possession, when alleged to have been stolen and carried away. It is matter of common knowledge that, on almost every plantation, others beside the owner of the plantation itself — the premises — -both own, and are in possession of, their own personal property. The defect is one of substance and not form, and may be taken advantage of by motion in arrest, as well as by demurrer before trial.
Reversed and remanded.
2Cited by8 opinions
- Westmoreland v. StateMississippi Supreme Court · 1971
- Wright v. StateMississippi Supreme Court · 1922
- State v. JensenUtah Supreme Court · 1934
- Johnson v. StateMississippi Supreme Court · 1939
- Langford v. StateMississippi Supreme Court · 1960
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