Buchanan v. State
Mississippi Supreme Court
From the Circuit court of Covington, county. Hon. Bo bert L. Bullard, Judge. Buchanan, appellant, was indicted and tried for and convicted of murder and appealed to the supreme court. The indictment, omitting formal parts, charged that defendant “did then and there wilfully, feloniously and of his aforethought hill and murder Bed Hays, a human being.”
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From the Circuit court of Covington, county. Hon. Bo bert L. Bullard, Judge. Buchanan, appellant, was indicted and tried for and convicted of murder and appealed to the supreme court. The indictment, omitting formal parts, charged that defendant “did then and there wilfully, feloniously and of his aforethought hill and murder Bed Hays, a human being.” The motion made by the defendant after the state rested to exclude all the evidence offered by the state and for the discharge of appellant should have been sustained. The indictment does not charge murder for the reason that the word “malice”…
1Opinion of the Court
Mayes, O. T.,
delivered the opinion of the court.
In every indictment for murder it is essential to the validity of the indictment that it contain the allegation that the killing was done “willfully, feloniously, and of malice aforethought;” else the indictment does not charge the crime. The indictment on which Buchanan was tried left out the word “malice,” and *841is on that account fatally defective. This has been the consistent holding of this court since the case of Jesse v. State, 28 Miss. 100. The case of Jesse v. State, 28 Miss. 100, has too long been the settled law of this state for this…
2Cases cited6 opinions
- Jesse v. StateMississippi Supreme Court · 1854
- Sullivan v. StateMississippi Supreme Court · 1889
- Cook v. StateMississippi Supreme Court · 1895
- State v. BardwellMississippi Supreme Court · 1895
- Taylor v. StateMississippi Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Johnson v. StateMississippi Supreme Court · 1985
- Kelly v. StateMississippi Supreme Court · 1948
- Sylvester Palmer v. State of MississippiMississippi Supreme Court · 1996