Mississippi Supreme Court, 1919

House v. State

House v. State
Mississippi Supreme Court · Decided October 15, 1919 · Smith
121 Miss. 43; 83 So. 337
House v. State

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Smith, C. J.,

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.

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