Buchanan v. State

Mississippi Supreme Court
Buchanan v. State, 97 Miss. 839 (Miss. 1910)
53 So. 399
Mayes

Buchanan v. State

Opinion of the Court

Mayes, O. T.,

delivered the opinion of the court.

In every indictment for murder it is essential to the validity of the indictment that it contain the allegation that the killing was done “willfully, feloniously, and of malice aforethought;” else the indictment does not charge the crime. The indictment on which Buchanan was tried left out the word “malice,” and *841is on that account fatally defective. This has been the consistent holding of this court since the case of Jesse v. State, 28 Miss. 100. The case of Jesse v. State, 28 Miss. 100, has too long been the settled law of this state for this court to disturb it now. It has been followed and approved in the cases of Sullivan v. State, 67 Miss. 350, 7 South. 275; Maxwell v. State, 68 Miss. 340, 8 South. 546; Cook v. State, 72 Miss. 520, 17 South. 228; State v. Bardwell, 72 Miss. 538, 18 South. 377; Taylor v. State, 74 Miss. 548, 21 South. 129; and Hall v. State, 44 South. 810.

The judgment is reversed and cause remanded, and prisoner held to await proper indictment.

•Reversed.

Reference

Full Case Name
Otho Buchanan v. State of Mississippi
Cited By
3 cases
Status
Published
Syllabus
Cbiminal Law and Bkoceduee. Murder. Indictment, An indictment charging that defendant “did then and there wilfully, feloniously, and of his aforethought kill and murder” the decedent, is fatally defective, since it fails to allege malice, the essence of murder.