Brown v. State

Citations

• 81 Miss. 137

Syllabus

<p>1. Criminal Law and Procedure. Affidavit charging misdemeanor. Appeal. Amendment in circuit cowrt. Code 1893, $ 1438.</p> <p>Under code 1893, § 1438, providing for the amendment upon appeal to the circuit court of defective affidavits on which a conviction in a justice’s court is based, an affidavit which sought to charge the defendant with resisting an officer (code 1893, $ 1333) may be amended in thé circuit court so as to charge defendant with resisting an officer seeking to arrest him while drunk in a public place in the presence of two or more persons.</p> <p>3. Drunkenness in Public. Code 1893, g 1319.</p> <p>A defendent who, in consequence of his own wrong, has necessarily been carried to a public place cannot defend a charge of resisting an officer seeking to arrest him because of his drunkenness at such place in the presence of two or more persons on the ground that he was not voluntarily there.</p>