Under this definition, the crime of false pretenses, as a structural whole, can only be a felony. See Anthony v. State, 349 So.2d 1066, 1067 (Miss. 1977) ("this Court has adopted the rule that when the court or the jury is given the discretion to fix punishment for an offense by imprisonment in the penitentiary or by fine or confinement in the county jail, such offense is held to be a felony regardless of the penalty actually imposed"); State v. Sansome, 133 Miss. 428, 97 So. 753, 754 (1923) ("[i]n testing an offense as to whether it is a felony or misdemeanor, the power given to imprison in the penitentiary determines it to be a felony"). Miss. Code Ann. § 97-19-67(1)(a) and (b) provide in pertinent part:
In assault cases, the Court and the Court of Appeals have held that indictments were not defective even where words from both the simple and aggravated assault subsections were used. See Anthony v. State, 349 So.2d 1066, 1067 (Miss.1977) (defendant need only compare the indictment with the statute to know he was charged with aggravated assault rather than simple assault); Toliver v. State, 337 So.2d 1274, 1276 (Miss.1976) (it was clear that defendant was charged only with simple assault, even though indictment included language from both simple and aggravated assault subsections). See also Johnson v. State, 910 So.2d 1174, 1179 (¶ 16) (Miss.Ct.App.2005) (indictment that used “phraseology from both subsections” was not defective).
In assault cases, the Court and the Court of Appeals have held that indictments were not defective even where words from both the simple and aggravated assault subsections were used. See Anthony v. State, 349 So. 2d 1066, 1067 (Miss. 1977) (defendant need only compare the indictment with the statute to know he was charged with aggravated assault rather than simple assault); Toliver v. State, 337 So. 2d 1274, 1276 (Miss. 1976) (it was clear that defendant was charged only with simple assault, even though indictment included language from both simple and aggravated assault subsections).
1985); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970).
1985) (citing Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v.State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970)).
1985); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970). We found an arguably more vague sexual battery indictment to be sufficient in Hines v. State, 472 So.2d 386, 390 (Miss.
1982); Hickombottom v. State, 409 So.2d 1337 (Miss. 1983); Anthony v. State, 349 So.2d 1066 (Miss. 1977). There is no merit to Assignment II.
The general rule is that where an indictment tracks the language of a criminal statute it is sufficient to inform the accused of the charge against him. Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970). Here this indictment does so track the language of the statute in charging a completed act of aggravated assault, and this Court holds that it is sufficient.
The indictment gave the statute under which the defendants were charged, and followed its language, which generally is sufficient. Anthony v. State, 349 So.2d 1066 (Miss. 1977); State v. Labella, 232 So.2d 354 (Miss. 1970); Love v. State, 211 Miss. 606, 52 So.2d 470 (1951).
State v. Labella, 232 So.2d 354 (Miss. 1970); Anthony v. State, 349 So.2d 1066 (Miss. 1977). In Culberson v. State, 379 So.2d 499 (Miss.