Herron v. State

Citations

• 118 Miss. 420
• 79 So. 289

Syllabus

<p>1. Banks and Banking. Indictments. Requisites. Sufficiency.</p> <p>Under chapter 120, Laws 1916, (Hemingway’s Code, Section 897), an indictment for obtaining money on a check knowing that the drawer at the time of making the check did not have sufficient funds in or credit with the bank for the payment of such check, is fatally defective if it fails to allege that accused intended to defraud the party to whom he presented and who cashed the check, an intent to defraud being an essential element of the crime.</p> <p>2. Indictment and Information. Waiver of error. Failure to demur.</p> <p>Where an omitted 'allegation in an indictment goes to the very essence of the offense attempted to be charged, the omission thereof was not waived by accused’s failure to demur thereto, notwithstanding section 1426, Code 1906, (Hemingway’s Code, section 1182), requiring objections to an indictment for a defect appearing on its face to be taken by demurrer and not otherwise.</p>