King v. State

Citations

• 123 Miss. 532
• 86 So. 339

Syllabus

<p>1. Conspiracy. To commit crime, or to do an unlawful thing,' is a separate offense, and charge or proof of overt act is unnecessary.</p> <p>Under section 1084, Code 1906 (section 810, Hemingway’s Code), an indictment for conspiracy to commit a crime, or to accomplish any unlawful purpose, or lawful purpose by any unlawful means, is a complete and separate offense, and it is not necessary to charge or prove an overt act.</p> <p>2. Criminal law. Subsequent offense may be proved, to shoio criminal Imowledge 1or intent.</p> <p>Under an indictment for conspiracy, a subsequent offense committed by the accused can be proved, for the purpose of showing criminal knowledge or intent.</p> <p>3. Conspiracy. Where evidence also shows an assault and battery, an instruction permitting a conviction thereon is error.</p> <p>Under an indictment for conspiracy, where the evidence of the state also proves an assault and battery, it. is error to instruct the jury that they can find the defendant guilty of assault and battery.</p>