Breeland v. State

Citations

• 79 Miss. 527

Syllabus

<p>1. Cbimihal Law. Laws 1898, oh. 70, p. 87. White-capping. Intimidation. Indictment. Single count.' Duplicity.</p> <p>The act of 1898 (Laws 1898, p. 87) making' it a felony for a person, by threats of injury, to intimidate another into changing or abandoning his home or employment, creates two distinct offenses, and it is not permissible to charge them both in the same count of an indictment.</p> <p>2. Same. Necessary averments.</p> <p>An indictment under the statute for intimidating another into a change or abandonment of his home must aver 'in direct and positive terms that the injured party had a home; and if the indictment be for intimidating another into a change or abandonment of his employment, it must aver in the same manner that the injured party had an employment.</p> <p>3. Same.</p> <p>It is necessary under the statute, if the charge be for intimidating another into a change or abandonment of his employment, that the indictment should define, in general terms at least, the nature of the business in which the person intimidated was employed, and to show that the employer was a natural person, copartnership or corporation, as the case may be.</p> <p>4. Same. Unnecessary amerments.</p> <p>It is unnecessary under the statute that an indictment for either of the offenses should show whether the threats were verbal or written, direct or implied.</p>