Ball v. State

Citations

• 67 Miss. 358

Syllabus

<p>1. Criminal Law. . Former conviction; specially pleaded.</p> <p>Defense of former conviction must be pleaded specially.</p> <p>2. Same. Former conviction; plea. Identity of offense.</p> <p>A conviction on an indictment charging drunkenness and swearing at a public place, in the presence of two or more persons, is no bar to a subsequent indictment for disturbing religious worship, though at the same time and place, when the evidence shows that the worship was disturbed by other means than being drunk and profane. Smith v. The State, ante, 116.</p> <p>3. Same. Disturbing religious worship. Verdict. Sufficiency of evidence.</p> <p>Where several are jointly charged with disturbing religious worship at a camp-meeting, and the evidence shows cursing, shooting, and other disturbances at night, of which some' of the defendants are unquestionably guilty, and one of the defendants is arrested at 2 o’clock at night, having a pistol in his possession, and, being in company at the time with one of the parties causing disturbance, fails to explain his being out at that hour in such company, and there are other circumstances indicating his participation in the disturbances, a verdict convicting him will not be disturbed.</p> <p>4.Same. Joint offense. Indictment.</p> <p>Two persons cannot be convicted of distinct and independent offenses upon an indictment charging a joint offense. Strawhern v. The Slate, 37 Miss. 422, is not an authority for the contrary of this. The ground upon which the conviction here is sustained is that the evidence warrants a verdict of guilty as to both defendants, a common participation in the unlawful disturbance.</p>