Wile v. State

Citations

• 60 Miss. 260

Syllabus

<p>1. Indictment. Perjury, how charged.</p> <p>An indictment for perjury which omits to charge that the offence was “feloni-ously” committed, is fatally defective on a motion to quash.</p> <p>2. Same. Common law and statutory forms. Sect. 3099, Code 1SS0.</p> <p>Seel. 3099 of the Code of 1880, which provides that when any act is criminal, both by statute and at common law, it may be set out in an indictment in either the statutory or the common-law form, does not apply in a case where the act charged is a misdemeanor at common law, and a felony by statute; and in such case the offence must be charged to have been done “feloniously.” Bowler v. The State, 41 Miss. 570, cited.</p>