State v. Powe
Mississippi Supreme Court
Appeal from the circuit court of Wayne county. Hon. J. L. Buckley, Judge. E. 0. Powe, was indicted for kidnapping. Prom a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Wayne county. Hon. J. L. Buckley, Judge. E. 0. Powe, was indicted for kidnapping. Prom a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court. The third assignment in the demurrer is not well taken, as section 1079 of the Code of 1906, the section upon which this prosecution is based, is as follows: “Every person who shall maliciously, wilfully, or fraudulently lead, take, carry away, decoy or entice away, any child under the age of fourteen years, with intent to detain or conceal from its…
1Opinion of the CourtPeed, J.
E. 0. Powe was charged with kidnapping’ his child, a girl four years old. It is alleged in the indictment that he led, took, carried, and enticed away the child from her mother, who was then legally entitled to her custody and possession. Omitting the formal parts, the indictment reads:
“That E. 0. Powe, on the 12th day of December, A. D. 1911, in the county aforesaid, did enter into a certain contract with one Sudie W. Powe, who was then and there his wife, whereby, for and in consideration of the dismissal by the said Sudie W. Powe of a certain suit in the chancery court of Wayne county,…
2Cases cited1 opinion
- In re PeckSupreme Court of Kansas · 1903
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- Hard v. SplainCourt of Appeals for the D.C. Circuit · 1916