Scott v. State

Decided October 15, 1907

Mississippi Supreme Court · decided 1907-10-15

From the circuit court of Claiborne county. Hon. John N. Bush, Judge. William Scott, appellant, a negro, was indicted, tried and convicted of forgery, sentenced to the penitentiary for five years; and appealed to the supreme court. The case is a companion one to the case of Maclcguire v. State, Ante, 151. As in the Maclcguire case, a demurrer was interposed to the indictment and overruled.

Decided 1907-10-15

Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2So far as the overruling of the demurrer is concerned, and the making of the amendment, and the refusal of the continu*158anee, the opinion delivered in the case of Mackguire v. State, Ante, 151, 44 South., 802, controls. The court committed no error in these respects; but, on the testimony in the case, the court clearly erred in refusing the fourth and fifth instructions asked by the appellant, and for these errors the judgment is reversed and the cause remanded.