Richardson v. State

Decided March 15, 1902

Mississippi Supreme Court · decided 1902-03-15

From the circuit court of Monroe county. IIon. Eugene O. Sykes, Judge. The appellant, Richardson, was indicted for burglary and larceny in the circuit court, the indictment charging that appellant broke into the house of one Ward and took, stole, and carried away one gun, the property of said Ward, of the value of $10. The defendant pleaded not guilty to this charge. On the trial Ward testified, for the state, that in.

Cited by 1 later decisions — most recently October 1912

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1902-03-15

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Whiteteld, O. J.,

¶1delivered the opinion of the court.

¶2The plea of guilty should have been limited to the charge of larceny, in its consideration by the jury. It is manifest that it was only made as a plea of guilty of petty larceny, since that *118was the only accusation before the magistrate,'who fined appellant $25 and costs. And it is equally manifest that it may have been treated by the jury as a plea of guilty of burglary. The refused instruction should have been granted the appellant. “Convict” is clearly a misprint for “connect,” and with the word read “connect,” it was a peculiarly proper charge on the facts.

¶3Reversed and remanded.