Triplett v. State
Triplett v. State
Opinion of the Court
delivered the opinion of the court.
The affidavit in this case, made before a justice of the peace, is based on ch. 102 of the laws of 1900, which provides: “That § 1068 of the code of 1892 be amended so as to read as follows: “If any person shall willfully interfere with, entice away, knowingly employ, or induce a laborer or renter who has contracted with another for a specific time to leave his employer or the leased premises, before the expiration of his contract without the consent of the employer or landlord, he shall, upon conviction, be fined,” etc. The original affidavit is this: “Personally appeared before me,” etc. “O. B. Coleman, who makes affidavit that on,” etc., “Jim Triplett did interfere with his hands,
Reversed and remanded.
Reference
- Full Case Name
- James Triplett v. State of Mississippi
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Enticing Servants. Code 1892, 1 1068: Laws 1900, p. 140. Affidavit. An affidavit intended to charge an offense, under code 1892, § 1068, as amended, laws 1900, p. 140, making it unlawful to interfere with or entice away a laborer or renter under certain .circumstances, is fatally defective if it fail to aver: (a) That the interference or enticing away was willful; or, (b) That the person interfered with or enticed away was a laborer or renter; or, (c) That he was a laborer or renter by contract for a specified time; or, (d) That he was interfered with or enticed away before the expiration of such contract; or, (e) That the interference or enticing away was without the consent of the employer or landlord; or, (/) The facts constituting the interference or enticing away. 2. Criminal Procedure.. Circuit cov/rt. Appeal from justices' cou/rt. Amendment. Code 1892, g 1438. A defective affidavit, intended to charge an offense, upon which the defendant has been convicted by a justice of the peace, can be amended in the circuit court, under code 1892, \\ 1438, authorizing the same, upon appeal from the conviction.