House v. State

Decided October 15, 1919

Mississippi Supreme Court · decided 1919-10-15

Hon. E. S. Hull, Judge. Frank House was convicted of burglary and appeals. The facts are fully stated in the opinion of the court. The first instruction authorizes a conviction if the property is believed to he property of the Southern Eailroad Company when the indictment alleges it was the property of the Southern Eailroad Company a coi*poration.

Cited by 2 later decisions — most recently June 1941

2 state decisions

Relies on James v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1919-10-15

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Smith, C. J.,

¶1delivered the opinion of the court.

¶2The appellant was convicted of burglary, and the indictment on which he was tried lays the ownership of the building burglarized in the “Southern Railroad Company, a corporation,” but the evidence fails to disclose that the Southern Railroad Company is either a de jure or de facto corporation; consequently the appellant’s refused instruction No. 1 should have been granted. James v. State, 77 Miss. 370, 26 South. 929, 78 Am. St. Rep. 527.

¶3Reversed- and remanded.