McAlpin v. State

Mississippi Supreme Court

McAlpin v. State

86 So. 339, 123 Miss. 528

CourtMississippi Supreme Court

DecidedOctober 15, 1920

DocketNo. 21321

StatusPublished

Cited by4 cases

This text of 86 So. 339 (McAlpin 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

McAlpin v. State, 86 So. 339, 123 Miss. 528 (Mich. 1920).

Pincite

Opinion

Smith, C. J.,

delivered the opinion of the court.

The appellant was convicted of receiving stolen property. The indictment alleged that the property stolen was owned by the American Railway Express Company, a corporation; but the’’ proof disclosed that it was owned by the American Express Company, a corporation.

The ownership of the property alleged to have been stolen must be proven as laid in the indictment, 34 Cyc. 523. Consequently the appellant’s request for a peremptory instruction should have been granted.

Reversed and remanded.

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Smith, C. J.,

delivered the opinion of the court.

The appellant was convicted of receiving stolen property. The indictment alleged that the property stolen was owned by the American Railway Express Company, a corporation; but the’’ proof disclosed that it was owned by the American Express Company, a corporation.

The ownership of the property alleged to have been stolen must be proven as laid in the indictment, 34 Cyc. 523. Consequently the appellant’s request for a peremptory instruction should have been granted.

Reversed and remanded.

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Bluebook (online)

86 So. 339, 123 Miss. 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcalpin-v-state-miss-1920.

Opinion

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