111 So. 749 | Miss. | 1927
A demurrer to this indictment was overruled. The ground of the demurrer is that:
"The indictment fails to charge that the assault made by Paul Webster upon W.H. and Roscoe McEwen was made with intent to take, steal, and carry away the money set forth in the indictment."
The indictment is not for making an assault with intent to steal, but is, under section 1361, Code of 1906 (section 1097, Hemingway's Code), for feloniously taking the personal property of another in his presence, by putting him in fear of some immediate injury to his person.
The intent to steal which must be alleged and proven (Woods
v. State [Miss.], 6 So. 207; Jones v. State,
The form of the indictment here used is that approved by Mr. Bishop in his Directions and Forms (2d Ed.), section 933.
Affirmed.