Grogan v. State

Citations

• 63 Miss. 147

Syllabus

<p>1. Indictment. Assault with intent to steal. Description of property.</p> <p>An indictment which charges an assault with intent to steal the goods of the person so assaulted is not defective because it fails to describe such goods, if there was no actual taking.</p> <p>2. Same. Name of party assaulted. Evidence.</p> <p>Such indictment cannot be quashed because it fails to set out the name of the party assaulted, if it avers that the name of such party was unknown to the grand jury. But whether it be necessary to show on the trial that the name was unknown to the grand jury, quaere.</p> <p>3. Evidence. Conspiracy to rob. Aets of confederates.</p> <p>■A. and G. having united in the common intention of robbing I., knocked him from a moving train. The train was stopped, and while I. was being carried off A. in a short time reappeared alone and again attempted to rob I. Held, that the acts and words of A., whether G. was present or not, in this second attempt might be proven on the trial of G., such attempt being in furtherance of the common purpose, from which the defendant had not withdrawn.</p> <p>4. Supreme Court Practice. Refusal of circuit court to delay trial. Indisposition of counsel.</p> <p>The supreme court will not reverse a case simply because the court below refused to delay a trial on the affidavit of counsel that he was the sole counsel for the defendant and that his physical condition was such that he could not do justice to his client, if such counsel proceeded with the case, examined witnesses, and made an able argument, and the record fails to disclose any point of objection or defense which was not availed of on the trial, and the evidence shows that the verdict of the jury was manifestly right.</p>