Fournier v. State

Decided October 15, 1909

Mississippi Supreme Court · decided 1909-10-15

Eeom tbe circuit court of Harrison county. How. William; H. IIabdy, Judge. Eournier, appellant, was indicted and tried for burglary, convicted of petty larceny and appealed to tbe supreme court. Tbe opinion of tbe court sufficiently states tbe case. [Tbe briefs of counsel in tbis case could not be found by tbe reporter, bence no synopses of them are given.]

Key passage — most relied on by later courts

“found therein to take, steal, and carry away.”

quoted by 1 later decision, including 556 So. 2d 1016 - Jefferson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1909-10-15

How this case has been cited

Cited by 3 later decisions — most recently November 1989

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sm:ith, J.,

¶1delivered tbe opinion of tbe court.

¶2Tbe indictment in tbis case charged appellant witb tbe commission of tbe crime of burglary, and alleged that tbe building was entered “witb tbe felonious and burglarious intent then and there” certain property “found therein to take, steal, and carry away.” From a conviction thereunder of tbe crime of petit larceny, tbis appeal is taken.

¶3'While tbis indictment properly charged tbe crime of burglary, it contains no allegation charging the crime of larceny. The allegation is that tbe building was entered witb intent to commit tbis crime, not that tbe crime in fact was committed. Appellant, therefore, by tbe verdict of tbe jury, was acquitted of tbe crime of burglary, tbe only crime charged in tbe indictment, and convicted of a crime not charged therein.

¶4Tbe judgment of tbe court below is reversed, and appellant discharged. Reversed,