State v. Ellis

Decided March 15, 1912

Mississippi Supreme Court · decided 1912-03-15

Hon. C. L. Dobbs, Judge. Ceph Ellis was indicted for burglary. From a judgment sustaining a demurrer to the indictment, the state appeals. The facts are fully stated in the opinion of the court.

Relies on James v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1912-03-15

How this case has been cited

Cited by 3 later decisions — most recently June 1941

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Reed, J.,

¶1delivered the opinion of the court.

¶2Appellee was indicted for burglary. The indictment charged that on the-day of February, 1912, in Newton county, the appellee “did then and there willfully, feloniously, and burglariously break and enter a rail*544road car on the sidetrack of the New Orleans, Mobile & Chicago Railroad Company, incorporated, in the town of Union, in said county and state.” There is no statement in the indictment showing the ownership of the car. A demurrer was filed to the indictment, on the ground that it failed to charge ownership of the property alleged to have been burglarized. The trial judge. sustained the demurrer. The indictment should have averred the ownership of the car burglarized. James v. State, 77 Miss. 370, 26 South. 929, 78 Am. St. Rep. 527. The trial judge did not err in sustaining the demurrer.

¶3Affirmed.