Henry v. State

Citations

• 97 Miss. 787
• 53 So. 397

Syllabus

<p>Criminal Law and Procedure. Assault and Battery. Autrefois convict.</p> <p>The judgment of a justice of the peace convicting a defendant of an assault and battery is not insufficient to maintain a plea of former conviction to an indictment for the same offense:—</p> <p>(а) Because the justice of the peace permitted a plea of guilty to be entered without summoning witnesses; nor</p> <p>(б) Because the affidavit on which it was based averred that the defendant “did commit an assault and battery” without charging the acts which constituted the offense.</p>