Conwill v. State

Citations

• 124 Miss. 716
• 86 So. 876

Syllabus

<p>1. Indictment and Information. Conviction of pointing a, gun erroneous under indictment for murder.</p> <p>Under an indictment for murder the state is not authorized to convict a defendant for pointing or aiming a gun under sectión 1045, Code 1906 (Hemingway’s Code, section 773), resulting in death, and the giving of such instruction is error.</p> <p>2. Criminal Law. Conviction of pointing gun a nullity under indictment for murder; conviction of pointing gun not a bar to prosecution for murder.</p> <p>Where a person is indicted for murder, and on the trial the jury is instructed that it may find the defendant guilty under section' 1045, Code 1906 (Hemingway’s Code, section 773), and finds a verdict under such section, such verdict is not responsive to the issue and is a nullity, and may. be set aside and a new trial ordered on the original indictment where there is no finding in the verdict of not guilty of murder; section 22 of the state Constitution providing that there must be an actual acquittal or conviction on the merits to bar a subsequent prosecution.</p>