Lucas v. State

Citations

• 71 Miss. 471

Syllabus

<p>1. IIomicide. Indictment for murder. Conviction of lesser offense. Code 1892, § 969.</p> <p>Although § 969, code 1892, provides that on the trial of an indictment for a homicide, the defendant may be convicted of discharging a fire-arm intentionally, and not in self-defense, aimed at another, who, by its discharge, is killed, the conviction of this lesser offense, not being necessarily included in a charge for murder, cannot be sustained in the ab.sence of a count in the indictment charging it. Moore v. State, 59 Miss., 25.</p> <p>’2. Same. Acquittal of greater offense. Prisoner not discharged.</p> <p>In such case, where there is a conviction of such lesser offense, the judgment will be arrested, but the accused will be held to answer an indictment for the offense created by § 969, code 1892, he not having been in jeopardy for that. Scott v. State, 60 Miss., 268.</p>