Davis v. State

Mississippi Supreme Court

Davis v. State

42 So. 542, 89 Miss. 21

CourtMississippi Supreme Court

DecidedNovember 15, 1906

StatusPublished

Cited by4 cases

This text of 42 So. 542 (Davis v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. State, 42 So. 542, 89 Miss. 21 (Mich. 1906).

Pincite

Opinion

Calhoon, J".,

delivered the opinion of the court.

The indictment is for a capital felony. When the case was called for trial, the district attorney “abandoned the charge” and said he would try on the charge of “attempt” to commit that felony. But the proof is overwhelming that the crime was in fact perpetrated to absolute completion, if there was any offense committed at all, as the jury had full warrant to believe there was. Not having the power to repeal statutes or make laws, there was no right to try or convict of an attempt, under section 974, Annotated Code 1892.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Calhoon, J".,

delivered the opinion of the court.

The indictment is for a capital felony. When the case was called for trial, the district attorney “abandoned the charge” and said he would try on the charge of “attempt” to commit that felony. But the proof is overwhelming that the crime was in fact perpetrated to absolute completion, if there was any offense committed at all, as the jury had full warrant to believe there was. Not having the power to repeal statutes or make laws, there was no right to try or convict of an attempt, under section 974, Annotated Code 1892.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

42 So. 542, 89 Miss. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-miss-1906.

Opinion

Related

Cite This Page — Counsel Stack