McAlpin v. State

Decided October 15, 1920

Mississippi Supreme Court · decided 1920-10-15

Hon. R. S. Hall,- Judge. A. N. McAlpin was convicted of receiving stolen property, and he appeals. The learned attorney-general in Ms brief states that the first assignment of error of appellant can avail him nothing for the reason that the American Railway Express Company and the American Express, Company are one and the same corporations.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1920-10-15

How this case has been cited

Cited by 4 later decisions — most recently August 1980

4 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 appellant was convicted of receiving stolen property. The indictment alleged that the property stolen was owned by the American Railway Express Company, a corporation; but the’’ proof disclosed that it was owned by the American Express Company, a corporation.

¶3The ownership of the property alleged to have been stolen must be proven as laid in the indictment, 34 Cyc. 523. Consequently the appellant’s request for a peremptory instruction should have been granted.

¶4Reversed and remanded.