Hall Approved Free Access to American Case Law

State v. Freeman

Mississippi Supreme Court
State v. Freeman, 90 Miss. 315 (Miss. 1907)
43 So. 289
Oalhoon

State v. Freeman

Opinion of the Court

Oalhoon, J.,

delivered the opinion of the court.

The indictment contains in one count a charge of two distinct felonies, one for burning the barn and the other for burning the corn (Code 1906, §§ 1040, 1042),- with different penalties, and the circuit court correctly sustained the demurrer to it. State v. Walker (Miss.), 41 South., 8; State v. Rees, 76 Miss., 435, 22 South., 829; Avant v. State, 71 Miss., 78, 13 South., 881.

Reference

Full Case Name
State of Mississippi v. Amy Freeman
Cited By
1 case
Status
Published
Syllabus
1. Criminal Law and Procedure. Indictment. Arson. Two offenses in same count. An indictment which, charges two distinct offenses, punishable by different terms of imprisonment, in the same count is demurrable. 2. Same. Burning of house. Personalty therein. A count of an indictment averring that defendant burned a house and designated personalty therein charges two offenses.
↑