Smith v. State

Mississippi Supreme Court October 15, 1919

Smith v. State, 121 Miss. 37 (Miss. 1919)

83 So. 337

Smith

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court. The appellant was convicted for a violation of section 1054, Code of 1906 (section 782, Hemingway’s Code); hut the indictment on which he was tried is fatally defective, for the reason that it fails to charge that the mark altered by him was “ intended to designate ownership.” Consequently the demurrer thereto should have been sustained.

Reversed and remanded.

Reference

Status: Published
Syllabus: Animals. Defective indictment charging alteration of brand. An indictment under Code 1906, section 1054 (Hemingway’s Code, section 782), charging the alteration or defacement of the mark, or brand of an animal, is fatally defective where it does not charge that the mark or brand alterated by the defendant was intended to designate ownership of the animal.