Lewis v. State

Citations

• 49 Miss. 354

Syllabus

<p>1. Indictment- — Abson.—All indictments upon statutes, especially the most penal, must state all the circumstances which constitute tho definition of tho offense m the act, so as to bring the defendant precisely within it. They must pursue the precise and technical language employed in the Statute in the definition or description of the offense. Anthony’s case, 13 S. & M., 263; Ikes’ case, 23 Miss., 52S j Riggs’ case, 26 Miss., 51; Williams’ case, 42 Miss., 328.</p> <p>2. Same — Special AVebhent, — The Revised Code of 1871, § 2490 provides that “ every person who shall willfully set fire to, or burn, in the night time, any hotise, ship, vessel, or boat, inwhioh thero shall be at tho time, some human being usually staying, lodging or residing at night, upon conviction thereof, shall suffer death, or be imprisoned in the penitentiary for life.” Held: To describe this offense, it is not Sufficient to charge that the accused, “ on the 10th day of October, 1871, in tho county of Lauderdale, in the night time, a corfcain dwelling-house there situate, ih wh-ch a human being was atthe time, and usually lodging, did unlawfully, feloniously and maliciously set fire to, and burn, contrary to the statute,’’ etc.; thus omitting to charge the “ staying, lodging and residing” to be dt night, as well as the burning.</p>