Richards v. State

Decided November 15, 1898

Mississippi Supreme Court · decided 1898-11-15

From circuit court of Yalobusha county. Hon. Z. M. Stephens, Judge. Winfred Richards was convicted of gambling, and appeals. Appellant and one Edward Wilbourn were indicted in the same indictment, which charged that “Winfred Richards and Edward Wilbourn did . . . unlawfully play at a certain game and games of dice, commonly -called ‘ craps, ’ for money, ’ ’ etc. This indictment was demurred to by appellant as being an indictment for separate offenses in which two were joined.

Cited by 1 later decisions — most recently January 1913

1 state decisions

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Decided 1898-11-15

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Whitfield, J.,

¶1delivered the opinion of the court.

¶2Strawhern’s case, 37( Miss., 422, is cited to show that the indictment in this case is not a joint indictment. It is true the *270court, arguendo, say that the indictment there was not joint, because of the omission of the words £ £ with ” or £ £ together with.” But the indictment in Ball v. State, 67 Miss., 358, omitted these words, and was properly held to be a joint .indictment. See the last sentence in the opinion. This is the true rule. 1 Bish. New Grim. Proced., sec. 471, and authorities, where Mr. Bishop states it to be the common practice to omit these words and simply charge that the parties did the act constituting the offense. The demurrer was properly overruled.

¶3Affirmed.