Buchanan v. State
Buchanan v. State
Opinion of the Court
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
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.