Smith v. State

Citations

• 67 Miss. 116

Syllabus

<p>1. Criminal Law. Former acquittal. Identity of charge.</p> <p>A former acquittal in a case where the defendant was charged with assault and battery, and the use of “ profane language in the presence of a congregation assembled for public worship,” is no bar to an indictment for disturbing religious worship by the assault and battery, and by profane swearing.</p> <p>2. Plea of Former Acquittal. Jurisdiction.</p> <p>A plea to an indictment averring a former acquittal in a justice court is insufficent if it does not show that the alleged act with which defendant is charged was committed within the territorial j urisdiction of the j ustice of the peace.</p>