Shurley v. State

Decided March 15, 1907

Mississippi Supreme Court · decided 1907-03-15

From the circuit court of Yazoo county. TIon. David M. Miller, Judge. Shurley, the appellant, was indicted and tried for an assault with intent to kill and murder; was convicted of and ^sentenced for a mere assault and appealed to the supreme court. The facts touching the amendment of the indictment upon which the ease was decided by the supreme court appear from the opinion of the court. 1.

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Decided 1907-03-15

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Cited by 7 later decisions — most recently January 2008

7 state decisions

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Caluoon, J.,

¶1delivered the opinion of the court.

¶2The indictment charged the assault as made on J. E. Thomp*420son and was duly presented and filed in the court. It appears as admitted that the prosecuting officer himself changed it hy erasing the name of J. R. Thompson and substituting the name of W. E. Dodcl for it as the man assaulted. Because of this change the defendant made a motion to quash which was erroneously overruled. If the indictment before us was amendable at all, which we do not decide, it could be done only in strict conformity with Code 1906, § 1509. It must be by an order of the court, that order must be spread on the minutes, and that order must specify precisely the amendment.

¶3Reversed and remanded.