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26 Mississippi opinions name it 2 courts 1887–2024 1 in the last five years
The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Harrisongreen2 sentences1998Recently, in State v. Harrison, 648 So.2d 66, 68 (Miss.1994) we followed established precedent and approved the appeal of the dismissal of an indictment for violation of the 270-day statute. 1998Recently, in State v. Harrison, 648 So.2d 66, 68 (Miss.1994) we followed established precedent and approved the appeal of the dismissal of an indictment for violation of the 270-day statute. | 2 | 2 |
Cantrell v. Stategreen2 sentences1996See Cantrell v. State, 507 So.2d 325 , 331 (Miss. 1987) (stating, "Counsel's general objection did not point out the need for amending the indictment" to conform with proof.) Although we are not required to address this issue, we find that this issue is meritless. 1992See Cantrell v. State, 507 So. 2d 325, 331 (Miss. 1987)(stating, "Counsel's general objection did not point out the need for amending the indictment" to conform with proof.) Although we are not required to address this issue, we find that this issue is meritless. ¶68. | 2 | 2 |
Harris v. Stategreen2 sentences2024In Harris v. State, 642 So. 2d 1325 (Miss. 1994), the supreme court addressed a nearly identical situation and stated that “the indictment, the primary jury instruction, and closing argument of the prosecutor[] misconstrued our aggravated[-]assault statute by asserting an oxymoronic ‘reckless attempt’ in both the indictment and instruction and then arguing that no finding of intent was required.” Id. at 1325 (emphasis added). 2024In Harris v. State, 642 So. 2d 1325 (Miss. 1994), the supreme court addressed a nearly identical situation and stated that “the indictment, the primary jury instruction, and closing argument of the prosecutor[] misconstrued our aggravated[-]assault statute by asserting an oxymoronic ‘reckless attempt’ in both the indictment and instruction and then arguing that no finding of intent was required.” Id. at 1325 (emphasis added). | 1 | 3 |
Terry v. Stategreen2 sentences2002Terry v. State 755 So.2d 41, 43-44 (Miss.Ct.App.1999). 2000Terry v. State, 755 So.2d 41 , 43- 44 (Miss. | 1 | 2 |
Joiner v. Stategreen1 sentence2020Ct. App. 2016) (quoting Joiner v. State, 61 So. 3d 156, 159 (¶7) (Miss. 2011)). | 1 | 1 |
Jerry Maurice Alford v. State of Mississippigreen1 sentence2020Because Dedeaux pled guilty to the charge at issue, he waived any claims of alleged defects or insufficiencies in the indictment with the exception of a “failure to charge an essential element of the crime” or “lack of subject matter jurisdiction.” Alford v. State, 185 So. 3d 429, 431 (¶6) (Miss. | 1 | 1 |
Bell v. Stategreen1 sentence2017Id. at 856 (¶61). ¶24. | 1 | 1 |
United States v. Ernest Adamsgreen1 sentence2016See United States v. Adams, 778 F.2d 1117, 1123 (5th Cir.1985). 7 The alteration between the indictment and the instruction was not material. | 1 | 1 |
Brady v. Stategreen1 sentence2013“Jury instructions are to be read together and taken as a whole with no one instruction taken out of context.” Brady v. State, 722 So.2d 151, 157 (¶ 23) (Miss.Ct. | 1 | 1 |
United States v. Kellygreen2 sentences2001United States v. Kelly, 119 F.Supp. at 219 (emphasis supplied). ¶ 44. 2001The United States District Court for the District of Columbia, in the case of United States v. Kelly, 119 F.Supp. 217 (D.D.C.1954), observed that, when considering a motion for directed verdict of acquittal, [s]ince a conviction or acquittal for the offense alleged in an indictment is a bar to prosecution for a lesser offense upon which defendants could have been convicted as a part or incident of the crime charged [citation omitted], the Court must consider whether the evidence justifies a verdict of guilty not only as to the crime charged, but also as to lesser offenses that may be included | 1 | 1 |
Jefferson v. Stategreen1 sentence1996See Jefferson v. State, 556 So. 2d 1016, 1019 (Miss. 1989) (holding that guilty plea waives all defects in an indictment with the exception of (1) the failure of the indictment to charge a criminal offense or, more specifically, to charge an essential element of a criminal offense and (2) subject matter jurisdiction). | 1 | 1 |
Moore v. Stategreen1 sentence1990See Moore v. State, 556 So.2d 1031 (Miss. 1990); See also State v. Thornhill, 251 Miss. 718 , 171 So.2d 308 (1965) (nolle prosequi of an indictment does not bar subsequent indictment for same offense); Walton v. City of Tupelo, 229 Miss. 193 , 90 So.2d 193 (1956) (same); State v. Kennedy, 96 Miss. 624 , 50 So. 978 (1910) (same). | 1 | 1 |
State v. Thornhillgreen2 sentences1990See Moore v. State, 556 So.2d 1031 (Miss. 1990); See also State v. Thornhill, 251 Miss. 718 , 171 So.2d 308 (1965) (nolle prosequi of an indictment does not bar subsequent indictment for same offense); Walton v. City of Tupelo, 229 Miss. 193 , 90 So.2d 193 (1956) (same); State v. Kennedy, 96 Miss. 624 , 50 So. 978 (1910) (same). 1990See Moore v. State, 556 So.2d 1031 (Miss. 1990); See also State v. Thornhill, 251 Miss. 718 , 171 So.2d 308 (1965) (nolle prosequi of an indictment does not bar subsequent indictment for same offense); Walton v. City of Tupelo, 229 Miss. 193 , 90 So.2d 193 (1956) (same); State v. Kennedy, 96 Miss. 624 , 50 So. 978 (1910) (same). | 1 | 1 |
Dedeaux v. Stategreen2 sentences1963See also Dedeaux v. State, 125 Miss. 326, 336-337 , 87 So. 664 (1921). 1963See also Dedeaux v. State, 125 Miss. 326, 336-337 , 87 So. 664 (1921). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gowdy v. State
green
2 sentences2013Gowdy, 56 So.3d at 546 . 2010Gowdy, 56 So. 3d at 546 . | 2 | 2010–2013 |
Price v. State
neutral
2 sentences1977In the case of Price v. State, 104 Miss. 288 , 61 So. 314 , the Court held that, where a defendant charged with a crime interposes the plea of autrefois acquit — former jeopardy, the burden of proof is upon him to prove he had been acquitted upon the merits of the identical offense he is called upon to answer. 1977In the case of Price v. State, 104 Miss. 288 , 61 So. 314 , the Court held that, where a defendant charged with a crime interposes the plea of autrefois acquit — former jeopardy, the burden of proof is upon him to prove he had been acquitted upon the merits of the identical offense he is called upon to answer. | 2 | 1955–1977 |
Rocco v. State
green
2 sentences1977The usual test accepted by the text writers on criminal law and procedure is this: If the defendant upon the first charge could have been convicted of the offense in the second, then he has been in jeopardy.' In the case of Rocco v. State, 37 Miss. 357 , the Court held that, in order to render the defense autrefois convict or acquit effectual, the defendant must not only show the record of his former conviction or acquittal, but he must show by evidence aliunde the identity of the offense of which he was formerly convicted or acquitted with the offense charged in the indictment to which the de 1955The usual test accepted by the text writers on criminal law and procedure is this: If the defendant upon the first charge could have been convicted of the offense in the second, then he has been in jeopardy. ’ ’ In the case of Rocco v. State, 37 Miss. 357 , the Court held that, in order to render the defense autrefois convict or acquit effectual, the defendant must not only show the record of his former conviction or acquittal, but he must show by evidence aliunde the identy of the offense of which he was formerly convicted or acquitted with the offense charged in the indictment to which the d | 2 | 1955–1977 |
Booker v. State
green
1 sentence2020The State highlights the Mississippi Supreme Court’s decision in Booker v. State, 716 So. 2d 1064 (Miss. 1998), where the Supreme Court faced a similar indictment challenge. | 1 | 2020–2020 |
Beckwith v. State
green
1 sentence2012Id. at 1141 . ¶ 6. | 1 | 2012–2012 |
State v. Kennedy
green
2 sentences1990See Moore v. State, 556 So.2d 1031 (Miss. 1990); See also State v. Thornhill, 251 Miss. 718 , 171 So.2d 308 (1965) (nolle prosequi of an indictment does not bar subsequent indictment for same offense); Walton v. City of Tupelo, 229 Miss. 193 , 90 So.2d 193 (1956) (same); State v. Kennedy, 96 Miss. 624 , 50 So. 978 (1910) (same). 1990See Moore v. State, 556 So.2d 1031 (Miss. 1990); See also State v. Thornhill, 251 Miss. 718 , 171 So.2d 308 (1965) (nolle prosequi of an indictment does not bar subsequent indictment for same offense); Walton v. City of Tupelo, 229 Miss. 193 , 90 So.2d 193 (1956) (same); State v. Kennedy, 96 Miss. 624 , 50 So. 978 (1910) (same). | 1 | 1990–1990 |
Walton v. City of Tupelo
green
2 sentences1990See Moore v. State, 556 So.2d 1031 (Miss. 1990); See also State v. Thornhill, 251 Miss. 718 , 171 So.2d 308 (1965) (nolle prosequi of an indictment does not bar subsequent indictment for same offense); Walton v. City of Tupelo, 229 Miss. 193 , 90 So.2d 193 (1956) (same); State v. Kennedy, 96 Miss. 624 , 50 So. 978 (1910) (same). 1990See Moore v. State, 556 So.2d 1031 (Miss. 1990); See also State v. Thornhill, 251 Miss. 718 , 171 So.2d 308 (1965) (nolle prosequi of an indictment does not bar subsequent indictment for same offense); Walton v. City of Tupelo, 229 Miss. 193 , 90 So.2d 193 (1956) (same); State v. Kennedy, 96 Miss. 624 , 50 So. 978 (1910) (same). | 1 | 1990–1990 |
Bonner v. State
green
1 sentence1969The Court said: "An allegation in the indictment that the child was under the age of 10 years would be necessary in an indictment under this clause of the statute, and it would render it unnecessary to charge or prove that the act was done forcibly and against her will." 65 Miss. at 295 , 3 So. at 664. | 1 | 1969–1969 |
Rodgers v. State
green
2 sentences1963In other words, “the jurors themselves were referred to, and required to interpret the affidavit, instead of being informed by the court as to the elements of the crime involved in the law violation charged.” In Rodgers v. State, 204 Miss. 891 , 36 So. 2d 155 (1948), at page 895, the Court stated that an instruction which defined the crime and also referred to the indictment was not error, but it condemned “that vice” in referring in instructions to the indictment for the elements of the crime. 1963In other words, “the jurors themselves were referred to, and required to interpret the affidavit, instead of being informed by the court as to the elements of the crime involved in the law violation charged.” In Rodgers v. State, 204 Miss. 891 , 36 So. 2d 155 (1948), at page 895, the Court stated that an instruction which defined the crime and also referred to the indictment was not error, but it condemned “that vice” in referring in instructions to the indictment for the elements of the crime. | 1 | 1963–1963 |
Stokes v. State
green
1 sentence1947In Stokes v. State, supra, cited by the State, discussing attempt to commit a crime, we said [ 92 Miss. 415 , 46 So. 628 ]: “The mere buying of a gun and loading it might not constitute an attempt. | 1 | 1947–1947 |
Crain v. United States
red
2 sentences1913Ed. 289 , where the indictment was for violation of the neutrality laws, by carrying a military expedition or enterprise into Cuba, and in which it was claimed that the indictment was bad for duplicity in charging the doing of several acts in violation of the law, Chief Justice Fullee, delivering the opinion of the court, and commenting upon the instruction of the district judge to the effect that the evidence would not justify a conviction of anything more than providing the means for or aiding such military expedition, etc., said: “Under these circumstances, the verdict cannot be disturbed o 1913Ed. 289 , where the indictment was for violation of the neutrality laws, by carrying a military expedition or enterprise into Cuba, and in which it was claimed that the indictment was bad for duplicity in charging the doing of several acts in violation of the law, Chief Justice Fullee, delivering the opinion of the court, and commenting upon the instruction of the district judge to the effect that the evidence would not justify a conviction of anything more than providing the means for or aiding such military expedition, etc., said: “Under these circumstances, the verdict cannot be disturbed o | 1 | 1913–1913 |
Mobley v. State
green
1 sentence1887Mobley v. The State, 46 Miss., 501 . | 1 | 1887–1887 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.