Starling v. State

Citations

• 90 Miss. 255
• 43 So. 952

Syllabus

<p>1. Criminal Law and Procedure. Indictment. Conclusion. Constitutional law. Constitution 1890, sec. 169.</p> <p>An indictment concluding, as required by Constitution 1890, sec. 169, “against the peace and dignity of the state,” is properly concluded, although it contains two or more counts and the quoted words do not follow each-count.</p> <p>2. Same. Last count tad.</p> <p>In such case if the last count of the indictment be held bad on demurrer the conclusion remains and is applicable to each preceding count.</p> <p>3. Same. Bill of particulars. Bight to demand.</p> <p>A party will not be obliged to furnish facts already known to his adversary, nor will a bill of particulars, be ordered when the means of obtaining the facts are equally accessible to both parties.</p> <p>4. Same. Election of offenses ty state. Code 1892, § 1058.</p> <p>Code 1892, § 1058, making an officer of an incorporated company who shall “embezzle or fraudulently secrete, conceal or convert to his own use, or make way with or secrete with intent to embezzle or convert to his own use,” any property of the company which shall have been intrusted to his possession by virtue of his office, guilty of embezzlement, states the different forms of embezzlement; and the state, on a trial of an indictment under the statute, may prove as many of the different acts of embezzlement as it'is able to do, and all of the proof may be submitted to the jury, without requiring the state to elect any single act on which it will rely for a conviction.</p> <p>5. Same. Appeal. Harmless error.</p> <p>Where, on a trial for embezzlement in violation of Code 1892, § 1058, making an officer of an incorporated company, who shall embezzle or fraudulently secrete, conceal, or convert to his own use the goods of the company, guilty of embezzlement, it appeared clearly that accused was guilty of every act of 'embezzlement shown by the testimony, the error, if any, in refusing to require the state to elect on which act it would