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100 Miss. 189

Austin v. State

Mississippi Supreme Court

Decided October 15, 1911

Mississippi Supreme Court · decided 1911-10-15

Hon. Paul B. Johnson, Judg’e. Della Austin was convicted of spreading a contagious -disease and appeals. The facts are sufficiently stated in tbe opinion of tbe court. Tbis cause should be reversed and tbe defendant discharged because tbe peremptory instruction asked by thé defendant and refused by the court, should have been given, and because the indictment charges no crime.

Decided 1911-10-15

McLain, C.

¶1The appellant was indicted, tried, and convicted in the circuit court of Forrest county, Mississippi, for spreading a contagious disease. The indictment was framed under section 1085, Code of 1906. The' indictment charges “that Della Austin, on the 21th day of April, 1911, aforesaid, then and there being, an infectious disease, known as gonorrhea, did have and induce in said county, and did willfully, knowingly, and unlawfully inoculate one Eay Griffin, a minor, by then and there having and causing sexual intercourse with him, the said Eay Griffin, and thereby causing said Eay Griffin to contract and have said disease.”

¶2This indictment charges no offense known to the law, and the case is reversed and remanded, with instructions that the circuit court dismiss the same.

Per Curiam.

¶3The above opinion is adopted as the opinion of the court, and for reasons therein indicated by the commissioner, judgment is reversed, and the cause remanded with instructions to the circuit court that the case be dismissed.

¶4Reversed and remanded.

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