Stark v. State
Citations
- 81 Miss. 397
Syllabus
<p>1. Criminal Law. Exposure of person. Code 1893, § 1318.</p> <p>An indictment, under code 1893, § 1318, making it a misdemeanor to willfully and lewdly expose the person, or the private parts thereof, in any public place, etc., is fatally defective if it fail to charge that the exposure was lewdly made.</p> <p>3. Same. Instruction.</p> <p>An instruction in such a case directing the jury to convict defendant if they believe he did a specified act in a public place is erroneous if it omit the idea that to constitute the crime the act must have been done unlawfully, willfully and lewdly.</p> <p>3. Same. Punishment.</p> <p>The statute prescribes the punishment for its violation, and a greater punishment cannot be imposed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- overturning conviction under this section where indictment omitted the term \lewdly\
Source: CourtListener parenthetical corpus (CC0).
Judges: Calhoon
Read full opinion on CourtListenerCited by
6 cases in this archive cite this case.
- J&b Entertainment, Inc. v. City of Jackson, MississippiFifth Circuit· 1998-08-21· cited 87×
- Lanier v. StateMississippi Supreme Court· 1994-03-31· cited 79×
- Richmond v. City of CorinthMississippi Supreme Court· 2002-02-07· cited 31×
- Spears v. StateMississippi Supreme Court· 1965-05-17· cited 22×
- Williams v. StateMississippi Supreme Court· 1922-09-15· cited 17×
- Pendergrass v. StateMississippi Supreme Court· 1966-12-19· cited 8×
Cites
4 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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