Isaacs v. State

Citations

• 48 Miss. 234

Syllabus

<p>4. Criminal law — conspiracy.—On the trial of an indictment charging the defendants with a conspiracy to fraudulently obtain the property of another, the court instructed the jury that it was not necessary to a conviction that the state should prove that the property had been actually obtained, but that the offense was complete upon the conspiracy being formed for the purpose alleged. On error, it is held that the instruction stated the law correctly.</p> <p>2. Same — practice.—Several defendants were indicted, tried and convicted, jointly. Against one of them there was no evidence. JIelds that as to him there should have been a nolle prosequi or a verdict of acquittal; but the verdict and judgment being against all, must be reversed as to all.</p> <p>3. Record — practice.—No disposal being shown by the record of a motion, made after arraignment and plea, to quash the indictment, it will be presumed to have been waived.</p>