Roberts v. State

Citations

• 55 Miss. 421

Syllabus

<p>1. Criminal Law. Indictment not pursuing language of statute.</p> <p>An indictment is not bad because it does not pursue literally the language of the statute defining the offense charged, if the words of the indictment be synonymous with those of the statute. *</p> <p>2. 'Same. Practice. Joinder of two offenses in same count.</p> <p>It is a general rule that two crimes cannot be charged in the same count of an indictment, but, as an exception thereto, larceny and burglary may be joined in a single count, and in such a case the jury may acquit of burglary and convict of larceny; but, if they return a general verdict of guilty, it will be regarded as a conviction of burglary alone.</p> <p>Qucere: Whether, if an indictment is bad for duplicity, the objection can be made after verdict.</p>