Ward v. State

Mississippi Supreme Court
Ward v. State, 90 Miss. 249 (Miss. 1907)
43 So. 466
Calhoon

Ward v. State

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

The affidavit is not vitiated by charging that different articles stolen were the property of different persons, specifying the articles and owners. The only result would be, on the trial in this case, to compel the state to show a single asportation. However, it is plain that the article charged to be the property of Carrie Ryan was not hers. It was only promised to be given her, and never delivered. She could not have maintained replevin for it against Mrs. Howard. It is also plain that the evidence of ownership of any of the property by Mrs. Howard is mere hearsay, and cannot sustain' conviction.

Reversed and remanded.

Reference

Full Case Name
Estella Ward v. State of Mississippi
Cited By
4 cases
Status
Published
Syllabus
Criminal Law and Procedure. Larceny. Affidavit. Separate articles. Different owners. An affidavit charging petit larceny is not vitiated by averring the articles of property stolen to belong to different owners; but on the trial in such case the state would he compelled to show a single asportation.