House v. State
Mississippi Supreme Court
House v. State, 121 Miss. 43 (Miss. 1919)
83 So. 337
Smith
House v. State
Opinion of the Court
delivered the opinion of the court.
The appellant was convicted of burglary, and the indictment on which he was tried lays the ownership of the building burglarized in the “Southern Railroad Company, a corporation,” but the evidence fails to disclose that the Southern Railroad Company is either a de jure or de facto corporation; consequently the appellant’s refused instruction No. 1 should have been granted. James v. State, 77 Miss. 370, 26 South. 929, 78 Am. St. Rep. 527.
Reversed- and remanded.
Reference
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- BtmGiAKT. Instructed acquittal proper where proof failed to show ownership as alleged. In a prosecution for burglary where the indictment laid the ownership of the burglarized building in a railroad company, a corporation, but the evidence failed to show that such railroad com' pany was either a de jtire or de facto corporation, the. court should have given a peremptory instruction for the acquittal of the defendant.