# Brown v. State

> Mississippi Supreme Court · March 15, 1895 · 72 Miss. 990

URL: https://www.frixlaw.com/law-library/cases/7987750

## Case

- **Full name:** Bennie Brown v. State
- **Court:** Mississippi Supreme Court
- **Decided:** March 15, 1895
- **Citations:** 72 Miss. 990
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Cooper
- **Judges:** Cooper
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7987750

## Opinion text

Cooper, C. J.,
delivered the opinion of the court.
The burglary might well have been treated as complete by the averment that the burglarious entry was made by the appellant for the purpose of stealing within the building. The averment that, having broken and entered, the appellant then stole the goods of J. A. and J. J. Jones may be treated as sur-plusage, the principal offense being proved. 1 Bishop on Grim. Prac., 439, 440; 1 Bishop on Crim. Law, § 1002.
The modification of the instruction asked by the appellant touching the testimony of the accomplice cannot be assigned for error. C heatham v. State, 67 Miss., 335 .
Affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7987750. Public record. Not legal advice.