Lucas v. State
Mississippi Supreme Court
Lucas v. State, 71 Miss. 471 (Miss. 1893)
Campbell
Lucas v. State
Opinion of the Court
delivered the opinion of the court.
See Moore v. State, 59 Miss., 25, and Scott v. State, 60 Ib., 268.
Reversed, judgment arrested and accused held for the action of the grand jury, as he is liable to indictment under § 969, code 1892, not having been tried or in jeopardy for that.
Reference
- Full Case Name
- John D. Lucas v. State
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. IIomicide. Indictment for murder. Conviction of lesser offense. Code 1892, § 969. Although § 969, code 1892, provides that on the trial of an indictment for a homicide, the defendant may be convicted of discharging a fire-arm intentionally, and not in self-defense, aimed at another, who, by its discharge, is killed, the conviction of this lesser offense, not being necessarily included in a charge for murder, cannot be sustained in the ab.sence of a count in the indictment charging it. Moore v. State, 59 Miss., 25. ’2. Same. Acquittal of greater offense. Prisoner not discharged. In such case, where there is a conviction of such lesser offense, the judgment will be arrested, but the accused will be held to answer an indictment for the offense created by § 969, code 1892, he not having been in jeopardy for that. Scott v. State, 60 Miss., 268.