James v. State

Citations

• 77 Miss. 370

Syllabus

<p>1. Cbiminal Law. Bv/rglary. Larceny. OwnersMp of stolen property.</p> <p>Under an indictment charging burglary with larceny, the averment of ownership in the part charging the larceny is surplus-age after conviction of the burglary, and may be rejected.</p> <p>2. Same. Corporate ownersMp.</p> <p>It is necessary to aver and prove the ownership of a house, or railroad car, burglarized, and if it be averred to be the property of a corporation, evidence of corporate existence must be offered.</p> <p>3. Same. Defacto.</p> <p>If the premises burglarized be charged to. be the property of a railroad corporation, its corporate existence may be shown by evidence that the company was known and acted as a corporation.</p> <p>4. Same. Code 1892, $ 4370. Supreme court practice.</p> <p>Where, in such case, corporate existence w'as not shown in the trial court, and no objection was there made for want thereof, the party convicted cannot procure a reversal in the supreme court, since § 4370, code 1892, prohibits reversals by the supreme court for errors not specifically objected to in the trial court.</p>