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125 Miss. 561

Baldwin v. State

Mississippi Supreme Court

Decided March 15, 1921

Mississippi Supreme Court · decided 1921-03-15

<p>Appeal from circuit court of Lee county.</p> <p>Hon. C. P. Long, Judge.</p> <p>• Charley Baldwin was convicted of receiving stolen prop-érty, and he appeals.</p>

Cited by 3 later decisions — most recently February 1969

3 state decisions

Key passage — most relied on by later courts

““This is an appeal from a conviction for receiving stolen property on an indictment in which the property alleged to have been received is described as ‘certain dry goods and articles of wearing apparel. The exact description, further than this is to the grand jurors unknown.’ Each article'of wearing apparel alleged to have been received by the appellant is specifically set forth in the testimony of the state’s witnesses, two of them on cross-examination testified that an itemized statement thereof was given by them to the grand jury before the finding of the indictment.””

quoted by 1 later decision, including Price v. State

Relies on Smith v. State · Hammond v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-03-15

View the full empirical analysis of this case →

Smith, C. J.,

¶1delivered the opinion of the court.

¶2This is an appeal from a conviction for receiving stolen property on an indictment in which the property alleged to have been received is described as “certain dry goods and articles of wearing apparel. The exact description, further than this is to the grand jurors unknown.” Each *562article of wearing apparel alleged to have been received by the appellant is specifically set forth in the testimony of the state’s witnesses, two of them on cross-examination testified that an itemized statement thereof was given by them to the grand jury before the finding of the indictment. A motion by the appellant to exclude the evidence and also a request by him for a directed verdict on the ground of a variation between the indictment and the proof, in that the allegation therein that “the exact description further than this is to the grand jurors unknown” appears from the evidence to be false, were both-overruled. Authorities are cited by counsel for the appellant to the effect that such a vá-riance is fatal, but they are of no value here; for the rule in this state is that no inquiry can be made into the evidence on which the grand jury acted in finding an indictment. Smith v. State, 61 Miss. 754; Hammond v. State, 74 Miss. 214, 21 So. 149.

¶3The other assignments of error are without substantial merit.

¶4Affirmed.

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