Malone v. State

Citations

• 77 Miss. 812

Syllabus

<p>1. CRIMINAL PROCEDURE. Joint indictment. Separate trials. Felony.</p> <p>The granting- of a continuance to one of two persons jointly indicted for felony does not entitle the other to a postponement of his trial.</p> <p>2. Same. Severance. Oode 1892, § 1417. Common law.</p> <p>Code 1892, $1417, giving the right of severance to a defendant in a joint indictment, for felony, if seasonably applied for., does not otherwise change the common law.</p> <p>3. Criminal Law. Assatilt. '■</p> <p>A defendant who fires a gun in such manner and so near another as to cause that other reasonably to apprehend danger of being shot, or that he is the object fired upon, is guilty of an assault.</p>