Huffman v. State

Citations

• 84 Miss. 479

Syllabus

<p>1. Criminal Law. Autrefois convict. Constituent crime. Misdemeanor. Felony.</p> <p>The conviction of a defendant by a justice of the peace of a misdemeanor is not a bar to an indictment for a felony of which the misdemeanor is a constituent; such a conviction for an assault and battery does not bar an indictment for an assault and battery with intent to kill and murder predicated of the same acts.</p> <p>: .Same. Code 1892, ? 1340. Constitutional la/w. Constitution 1890, sec. 22. Jeopardy.</p> <p>Code 1892, § 1340, providing that the conviction of a defendant by a justice of the peace for a misdemeanor shall not bar a prosecution for a felony in the same matter is not violative of Constitution 1890, sec. 22, declaring that a person shall not be twice placed in jeopardy for the same offense.</p>