Home/Mississippi Supreme Court/Herron v. State

Herron v. State

79 So. 289, 118 Miss. 420
CourtMississippi Supreme Court
DecidedMarch 15, 1918
StatusPublished
Cited by11 cases

This text of 79 So. 289 (Herron 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
Herron v. State, 79 So. 289, 118 Miss. 420 (Mich. 1918).

Opinion

Smith, C. J.,

delivered the opinion of the court.

The indictment upon which appellant was tried, which the reporter will set out, is fatally defective, in that it contains no allegation that appellant intended to defraud Jones Smokehouse, an intent to defraud being an essential element of the crime defined by chapter 120 of the Laws of 1916 (section -897, Hemingway’s Code), upon which the indictment is predicated.

Since the omitted allegation goes to the very essence of the offense attempted to be charged the omission thereof was not waived by appellant’s failure to demur [423]*423thereto. Section 1426, Code of 1906; section 1182, Hemingway’s Code; Cook v. State, 72 Miss. 517, 17 So. 288; Taylor v. State, 74 Miss. 544, 21 So. 129.

Reversed and remanded

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Westmoreland v. State
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Langford v. State
123 So. 2d 614 (Mississippi Supreme Court, 1960)
Taylor v. State
58 So. 2d 664 (Mississippi Supreme Court, 1952)
Wash v. State
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Kelly v. State
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Rogers v. State
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15 So. 2d 684 (Mississippi Supreme Court, 1943)
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2 So. 2d 813 (Mississippi Supreme Court, 1941)
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Bluebook (online)
79 So. 289, 118 Miss. 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herron-v-state-miss-1918.