Knight v. State

Citations

• 64 Miss. 802

Syllabus

<p>1. Trespass toon Land. Criminal lam. Section 2980, Code 1880, construed.</p> <p>In the trial of a defendant indicted under $ 2980, Code of 1880, which makes it a criminal offense to go on the inclosed land of another without his consent, after notification not to do so, neither the title to the land nor the rightfulness of the possession thereof is involved, as the statute was intended to protect persons in the actual possession of inclosed land, whether they have’title to the same or not.</p> <p>2. Same. Criminal practice. Amendment of indictment under § 8081, Code 1880.</p> <p>Section 3081,, Code of 1880, provides that “whenever, on the trial of an in*-dictment for any offense, there shall appear to be any variance between the statement in such indictment and the evidence offered in proof thereof, in the name of any person alleged to be the owner of any property, real or personal, which shall form the subject of any offense charged therein, it shall be lawful for the court, if it shall consider such variance not material to the merits of the case, and that the defendant will not be prejudiced thereby in his defense on the merits, to order such indictment to be amended, according to the proof, on such terms as to postponing the trial as such court shall think advisable.” Under this statute, an indictment of one for going upon the land of another (under $ 2980, Code 1880) may be amended by striking out the name of the owner of the land as therein stated and inserting that of the true owner, as developed by the proof.</p> <p>3. Same. Criminal law. Presumptive criminal intent.</p> <p>Where, by statute, the doing of an act is made a criminal offense without reference to the intent with which it may be done, the law will presume a criminal intent from the doing of such act, and it is no defense that the party charged with such offense committed it in good faith, not intending to do a wrongful act.</p>