Orr v. State
Mississippi Supreme Court
Orr v. State, 81 Miss. 130 (Miss. 1902)
Oaliioon
Orr v. State
Opinion of the Court
delivered the opinion of the court.
The amendment, if any amendment was needed, which we do no decide, was proper under code § 1435, under the language, “or other description whatever, of any person whomsoever, therein named or described.” The clerical misprision in this indictment is perfectly manifest, the conviction entirely proper, and there is no error in the record.
Affirmed,
Reference
- Full Case Name
- Charles Orr v. State of Mississippi
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Criminal Law and Procedure., Rape. Indictment. Clerical misprision. Code 1893, l 1135. Where the name of the defendant, by a clerical misprision, is in one count erroneously written in an indictment for rape, and the error be apparent from the instrument itself, the prosecutor may amend the same, by correcting the error, without the consent of the grand jury, under code 1893, $1435, authorizing such amendments.