Brown v. State

Decided March 15, 1895

Mississippi Supreme Court · decided 1895-03-15

F.rom the circuit court of the first district of Hinds count}'. HoN. J. B. ChrismaN, Judge. Bennie Brown was convicted of burglary, and appeals.

Good law ✅— No negative treatment on recordhow we know

Decided 1895-03-15

How this case has been cited

Cited by 7 later decisions — most recently December 1967

7 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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Cooper, C. J.,

¶1delivered the opinion of the court.

¶2The burglary might well have been treated as complete by the averment that the burglarious entry was made by the appellant for the purpose of stealing within the building. The averment that, having broken and entered, the appellant then stole the goods of J. A. and J. J. Jones may be treated as sur-plusage, the principal offense being proved. 1 Bishop on Grim. Prac., 439, 440; 1 Bishop on Crim. Law, § 1002.

¶3The modification of the instruction asked by the appellant touching the testimony of the accomplice cannot be assigned for error. C heatham v. State, 67 Miss., 335.

¶4Affirmed.