Warren v. State

Decided October 15, 1914

Mississippi Supreme Court · decided 1914-10-15

Hon. J. L. Buoklby, Judge. William Warren was convicted of grand larceny and appeals. The facts are-fully stated in the opinion of the court. - - ' Section 14-28 of the, Code of 1906, with its exceptions-to the common-law rule does not cure the error complained of in this case. The indictment does not allege the crime to have been committed at a subsequent date' and if it did, here is a crime committed, if committed at all, after the indictment was returned.

Decided 1914-10-15

Reed, J.,

¶1delivered tbe opinion of the court.

¶2Tbe indictment charging appellant with stealing a horse was returned on January 9,1909. Tbe evidence for tbe state clearly and definitely showed that tbe ,Jiorse *505was stolen in April, 1900, some three months after the indictment was filed. We fail to find any evidence in the proof from which we can decide that the state’s witnesses made a mistake in their testimony fixing the date when the horse was taken in April, 1000. As the proof shows that the crime was committed on a date subsequent to the filing of the indictment, we cannot uphold the conviction of appellant.

¶3Reversed cmd remanded.