Richardson v. State

Mississippi Supreme Court March 15, 1902

Richardson v. State, 80 Miss. 115 (Miss. 1902)

Whiteteld

Opinion of the Court

Whiteteld, O. J.,

delivered the opinion of the court.

The plea of guilty should have been limited to the charge of larceny, in its consideration by the jury. It is manifest that it was only made as a plea of guilty of petty larceny, since that *118was the only accusation before the magistrate,'who fined appellant $25 and costs. And it is equally manifest that it may have been treated by the jury as a plea of guilty of burglary. The refused instruction should have been granted the appellant. “Convict” is clearly a misprint for “connect,” and with the word read “connect,” it was a peculiarly proper charge on the facts.

Reversed and remanded.

Reference

Full Case Name: Matthew Richardson v. State of Mississippi
Cited By: 1 case
Status: Published
Syllabus: 1. Criminal Law. Burglary. Larceny. Plea of guilty to lesser crime. Instruction. Where a defendant is tried upon an indictment for burglary and larceny, and it appears in evidence that he had been prosecuted for the larceny and plead guilty thereto, he is entitled to have the jury instructed in their consideration of the evidence of such plea to limit the same to the larceny. 2. Same. Bvidence. Corpus delicti. Evidence that a defendant charged with larceny pleaded guilty is insufficient, of itself, to convict him of burglary in connection with the larceny.