McCearley v. State

Citations

• 97 Miss. 556
• 52 So. 796

Syllabus

<p>1. Criminal 'Law and Procedure. Burglary. Indictment. Omission of “did.”</p> <p>An indictment for burglary charging that defendant the storehouse of another unlawfully, wilfully, feloniously and burglariously break and enter with felonious intent, etc., is fatally, defective because of the omission of the word “did” next before the words “break and enter.”</p> <p>2. Same. Newly discovered evidence.</p> <p>Case examined and conclusion reached that a new trial should have been granted because of newly discovered evidence.</p>