Coleman v. State

Citations

• 94 Miss. 860
• 48 So. 181

Syllabus

<p>1. Criminal Law and Procedure. Code 1906, § 1045. Weapons, pointing or aiming at another. Indictment. Duplicity.</p> <p>An indictment predicated of Code 1906, § 1045, making it an offense to intentionally point or aim a gun, pistol, etc., at or towards another, is not double because it charges that defendant pointed and aimed a pistol at another.</p> <p>2. Same. Statutory offenses. Construction. Alternatives.</p> <p>Where a statute makes punishable the doing of one thing “or” an other, the person who in one transaction does all violates the statute but once, incurring hut a single penalty, so that an indictment may properly allege in a single count that defendant did as-many of the forbidden things as the pleader chooses, employing the conjunction “and” where the statute uses “or,” without subjecting the indictment to the charge of duplicity.</p>