Taylor v. State

Citations

• 74 Miss. 544

Syllabus

<p>1. Criminal Law. Indictment. Motion in arrest. Code 1893-, $1341.</p> <p>Notwithstanding the provisions of code 1893, ?¿?¿ 1341, 1354, a judgment in a felony case should he arrested if the indictment he so defective that the nature and cause of the accusation is not clearly and fully stated. Cook v. State, 73 Miss., 517.</p> <p>3. Same. Malice.</p> <p>All indictments for felony must contain the averment that the act was committed with malice aforethought, or equivalent words, ’ otherwise the defect is fatal. Maxwell v. State, 68 Miss., 339; Jesse v. State, 38 Miss., 100.</p> <p>3. Same. Code 1893, g 1355. Malice.</p> <p>An indictment, under code 1893, g 1355, which fails to aver that the poison was mingled with intent maliciously to kill, etc., is defective. Malice must he charged of the intent to kill, etc.</p>