State v. Jones
Mississippi Supreme Court
State v. Jones, 71 Miss. 872 (Miss. 1894)
Woods
State v. Jones
Opinion of the Court
delivered the opinion of the court.
The misdemeanor for which appellee stands charged in this indictment was an offense at common law, and, under § 1453, code 1892, may be described according to the common law or according to the statute. The indictment charges that the offense was committed “ unlawfully, corruptly, deceitfully, extorsi vely and by color of office,” etc. Deference to authorities will show at once that the offense is sufficiently chai’ged and described according to the common law.
Reversed, demurrer overruled and cause remanded.
Reference
- Full Case Name
- State v. Tom Jones
- Cited By
- 4 cases
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- Published
- Syllabus
- Extortion. Indictment, Ghrn-ge under common law. Code 1892, 1081, 1458. Extortion in office under ? 1081, code 1892, being a common law offense, by § 1453 it may be charged according to the statute or the common law, and, by the latter, it is sufficient to charge that it was committed “unlawfully, corruptly, deceitfully, extorsively and by color of office,” without averring in the statutory language that it was knowingly done.