Sullivan v. State

Citations

• 67 Miss. 346

Syllabus

<p>1. Criminal Law. Statutory offense. Indictment.</p> <p>In an indictment for a purely statutory offense, where the language is so specific as to give notice of the act made unlawful and so exclusive as to prevent its application to other acts, it is sufficient to charge the offense by using only the words of the statute. But where the wording of the statute is broader than its purpose, and the prohibited act does not clearly appear, or where, under certain circumstances, one may lawfully do the thing forbidden, it is necessary to depart from the language used and indict in words aptly charging the offense. Jesse v. The State, 28 Miss. 100.</p> <p>2. Prize-fighting. Must be for reward, and in public. Acts 1882, p. 142.</p> <p>Under the statute (Acts 1S82, p. 142), which in general terms makes it “unlawful for any person to engage in prize-fighting,” without further designation or definition, it is not sufficient to indict by using the statutory words only. There'must be a fight for a reward or wager, in a public place, or where the public, or a part of it, is admitted as spectators, and these facts must be charged.</p> <p>3. Same. To constitute offense, both parties must engage in fight.</p> <p>Under tliis act, an indictment against one for “ engaging” in a prize-fight is defective which charges merely that he entered a prize-ring and heat and bruised another, although under a videlicet which states that this was done in pursuance of a previous appointment to meet and engage in a prize-fight with such other. The offense can only exist where two persons engage in the unlawful act, and it must he alleged and shown that they contended against each other.</p>