Cannon v. State
| Decision Date | 27 December 1897 |
| Citation | 75 Miss. 364,22 So. 827 |
| Court | Mississippi Supreme Court |
| Parties | BENJAMIN CANNON v. THE STATE OF MISSISSIPPI |
December 1897
FROM the circuit court of Leflore county HON. F. A. MONTGOMERY Judge.
The indictment in this case, after the formal introduction, was in these words: "That Benjamin Cannon, in said county on the fourth day of February, A. D. 1895, in and upon one Henry Moss there being, an assault did then and there make with a certain deadly weapon, to wit: a Winchester rifle, and him, the said Henry Moss, did then and there shoot and wound with said rifle, with the intent him, the said Henry Moss then and there wilfully, feloniously and of his malice aforethought to kill and murder, against the peace and dignity of the state of Mississippi; and the jurors aforesaid, upon their oaths aforesaid, do further present that, at the time and place and in the county aforesaid, the said Benjamin Cannon, in and upon one Willis Thompson, Jete Pilcher, Annie Pilcher and others to grand jury unknown, an assault did then and there make with a certain deadly weapon, to wit: a Winchester rifle, and at them did then and there shoot with said rifle, with the intent them, the said Willis Thompson, Jete Pilcher, Annie Pilcher and others to grand jury unknown, then and there wilfully, feloniously and of malice aforethought to kill and murder, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the state of Mississippi."
Affirmed.
S. R. Coleman, for appellant.
The demurrer to the indictment called the attention of the court to that "bad practice, " which is condemned by this court in Hill v. State, 72 Miss. 527. The indictment in this cause is more obnoxious to the objection than the one passed upon in that case. Appellant is charged in the first count with shooting at Henry Moss, with intent, etc., and in the second count with shooting at three other persons named, and others, etc. Two distinct offenses against different parties. If the court desires to break up the bad practice, violative of constitutional rights and the rules of pleading, there can be presented no better case or time to accentuate its intention than now, by reversing the judgment of the lower court on this ground alone. The court below erred in overruling appellant's motion for a continuance; and it surely should have required the state to elect upon which of the counts in the indictment it would proceed.
Wiley N. Nash, attorney-general, for appellee.
The first count in the indictment is beyond question good, and so is also...
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