Wilkinson v. State

Citations

• 77 Miss. 705

Syllabus

<p>1. CRIMINAL Procedure. Indictment. Infanticide. Code 1893, H1341, 1354, 1435 Amendment.</p> <p>An indictment of a woman for infanticide which describes the parties killed as “two certain human beings, the same being then and there her (defendant’s) children,” is good after verdict, under the statutes:</p> <p>(«•) Code 1892, § 1341, providing that a verdict in a criminal case shall not he vacated for any defect of form which might have been taken advantage of before verdict;</p> <p>(6) Code 1892, § 1354, providing that all objections to an indictment appearing on the face thereof shall be taken by demurrer thereto; and not otherwise; and,</p> <p>(c) Code 1892, § 1435. providing for the amendment of indictments to meet variances in the name or description of any person . . . alleged to be injured or damaged. Such an indictment is amendable.</p> <p>2. Same. Double mu/rder.</p> <p>An indictment charging in the same count the murder of two persons is good upon its face; a double murder may be committed by one and the same act.</p> <p>3. Same. Duplicity. After verdict.</p> <p>An indictment cannot rightfully, after verdict, be objected to for duplicity.</p>