Crawford v. State, 23351

CourtMississippi Supreme Court
Writing for the CourtSMITH, C. J.
Citation133 Miss. 147,97 So. 534
PartiesCRAWFORD v. STATE
Decision Date08 October 1923
Docket Number23351

97 So. 534

133 Miss. 147

CRAWFORD
v.
STATE

No. 23351

Supreme Court of Mississippi

October 8, 1923


Division A

(Division A.) January 1, 1920

CRIMINAL LAW. What constitutes "aiding and abetting" in commission of crime stated.

In order for one to aid and abet the commission of a crime, he must do something that will incite, encourage, or assist the actual perpetrator in the commission of the crime. Consequently being present at the commission of a crime, even with the intention of assisting in its commission, if necessary, does not make one an aider and abettor thereof, unless his intention to render such assistance was known to the perpetrator of the crime.

HON. E. L. BRIEN, Judge.

APPEAL from circuit court of Claiborne county, HON. E. L. BRIEN, Judge.

James Crawford was convicted of manufacturing intoxicating liquor, and he appeals. Reversed and remanded.

Reversed and remanded.

[133 Miss. 148] R. B. Anderson, for appellant.

Appellant was convicted of aiding and abetting the crime of manufacturing liquor. Would it not be necessary for the state in this case to show that the defendant did something more than taste the liquor and drink some of it?

The first instruction given the state tells the jury to convict if they believe from the evidence beyond a reasonable doubt that Crawford "aided others" in making liquor. What "others" was meant? Anybody? The jury may have thought that if he visited the still and tasted the liquor and said it was too hot, that he was making liquor himself at some other place. It his submitted that the instruction should have named the persons who were being aided or abetted.

Again, the instruction should have contained the word "feloniously." This word formed a part of the crime charged and should have been set out in the instruction. A man might well taste liquor or kick a chunk under a fire or even pour water in a barrel thoughtlessly, without being guilty of the felonious making of liquor. Dedeaux v. State, 87 So. 664.

A further instruction is in these words: "The court further instructs the jury that aiding and abetting is the offense committed by those who, although not direct perpetrators of a crime, are yet present at its commission, doing some act to aid the perpetrator. Such abetting may be manifested by acts, words, signs, motions or any conduct which unmistakably evinces a design to encourage, incite, or approve of the crime or even by being present with the intention of giving assistance, if necessary, though such assistance may not be called into requisition." This instruction should not have been given. In the first place it is an abstract proposition and not applicable to the facts of this case; at least, it is so broad that the jury was virtually left free to convict appellant even if he approved of making liquor. Harper v. State, 35 So. 572. This instruction told the jury they might convict if they [133 Miss. 149] believed the accused was present with the intention of "giving assistance, if necessary."

There is no evidence of his being present with the intention of giving assistance. The testimony of...

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43 practice notes
  • Franklin v. State, 34119
    • United States
    • Mississippi Supreme Court
    • June 10, 1940
    ...fails to sustain, and that the theory and instructions presented by the state are without any supporting proof. Crawford v. State, 133 Miss. 147, 97 So. 534. T. B. Davis, of Columbia, for appellant, Jerome Franklin. Motion for change of venue should have been granted. Fisher v. State, 145 M......
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...is because there had been no competent proof of the corpus delicti. Harper v. State, 83 Miss. 403, 35 So. 572; Crawford v. State, 133 Miss. 147, 97 So. 534; Williams v. State, 128 Miss. 271, 90 So: 886; 12 A. L. R. 275; Duplex Printing Press Co. v. Dearing, 254 U.S. 443, 16 A. L. R. 196. Th......
  • Enochs v. State ex rel. Roberson, 23312
    • United States
    • United States State Supreme Court of Mississippi
    • October 8, 1923
    ...holding that although the states have a wide range of classification for the purpose of taxation, still, such a classification must [133 Miss. 147] be reasonable--not arbitrary, and must rest upon some ground of real difference having a fair and substantial relation to the object of the leg......
  • Jordan v. State, No. 1999-DR-01391-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • May 19, 2005
    ...and punished as such; and this whether the principal have been previously convicted or not." This Court held in Crawford v. State, 133 Miss. 147, 97 So. 534 (1923), that to aid and abet in the commission of a felony, one must "do something that will incite, encourage, or assist the actual p......
  • Request a trial to view additional results
43 cases
  • Franklin v. State, 34119
    • United States
    • Mississippi Supreme Court
    • June 10, 1940
    ...fails to sustain, and that the theory and instructions presented by the state are without any supporting proof. Crawford v. State, 133 Miss. 147, 97 So. 534. T. B. Davis, of Columbia, for appellant, Jerome Franklin. Motion for change of venue should have been granted. Fisher v. State, 145 M......
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...is because there had been no competent proof of the corpus delicti. Harper v. State, 83 Miss. 403, 35 So. 572; Crawford v. State, 133 Miss. 147, 97 So. 534; Williams v. State, 128 Miss. 271, 90 So: 886; 12 A. L. R. 275; Duplex Printing Press Co. v. Dearing, 254 U.S. 443, 16 A. L. R. 196. Th......
  • Enochs v. State ex rel. Roberson, 23312
    • United States
    • United States State Supreme Court of Mississippi
    • October 8, 1923
    ...holding that although the states have a wide range of classification for the purpose of taxation, still, such a classification must [133 Miss. 147] be reasonable--not arbitrary, and must rest upon some ground of real difference having a fair and substantial relation to the object of the leg......
  • Jordan v. State, No. 1999-DR-01391-SCT.
    • United States
    • United States State Supreme Court of Mississippi
    • May 19, 2005
    ...and punished as such; and this whether the principal have been previously convicted or not." This Court held in Crawford v. State, 133 Miss. 147, 97 So. 534 (1923), that to aid and abet in the commission of a felony, one must "do something that will incite, encourage, or assist the actual p......
  • Request a trial to view additional results

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