Ward v. State

Decided March 15, 1907

Mississippi Supreme Court · decided 1907-03-15

From the circuit court of Claiborne county. Hon. John N. Bush, Judge. 'Madame Ward, appellant, having been convicted of petit larceny before a justice of the peace, appealed to the circuit court; and, upon her conviction there, she appealed to the supreme court.

Cited by 4 later decisions — most recently January 1937

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1907-03-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2The affidavit is not vitiated by charging that different articles stolen were the property of different persons, specifying the articles and owners. The only result would be, on the trial in this case, to compel the state to show a single asportation. However, it is plain that the article charged to be the property of Carrie Ryan was not hers. It was only promised to be given her, and never delivered. She could not have maintained replevin for it against Mrs. Howard. It is also plain that the evidence of ownership of any of the property by Mrs. Howard is mere hearsay, and cannot sustain' conviction.

¶3Reversed and remanded.