Herron v. State

Decided March 15, 1918

Mississippi Supreme Court · decided 1918-03-15

IIon. E. L. Bbien, Judge. Joe Herron was convicted of securing money on a check knowing that be bad no funds to pay it, and appeals. On the following indictment the defendant Joe Herron was tried and convicted and sentenced to serve two years in the state penitentiary: State of Mississippi, Warren County. Circuit Court, March Term, 1918.

Relies on Cook v. State · State ex rel. Schoenhausen v. King · Taylor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1918-03-15

How this case has been cited

Cited by 10 later decisions — most recently December 1977

10 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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Smith, C. J.,

¶1delivered the opinion of the court.

¶2The 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.

¶3Since 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 *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.

¶4Reversed and remanded