State v. Dunn
Supreme Court of Missouri
Appeal from, Butler Circuit Court — Hon. R. P. Owen, Judge. This was an indictment for an affray found on the 15th •day of May, 1877. It charged that defendant, “ on the 14th day of May, 1877, at the county of Butler and State ■of Missouri, did, in a public place in the town of Poplar Bluff", in said county,, unlawfully assault one Stephen M. Chapman, and beat, strike, kick and bruise him, the said Chapman, which assault, so as aforesaid, was in an angry and quarrelsome…
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Appeal from, Butler Circuit Court — Hon. R. P. Owen, Judge. This was an indictment for an affray found on the 15th •day of May, 1877. It charged that defendant, “ on the 14th day of May, 1877, at the county of Butler and State ■of Missouri, did, in a public place in the town of Poplar Bluff", in said county,, unlawfully assault one Stephen M. Chapman, and beat, strike, kick and bruise him, the said Chapman, which assault, so as aforesaid, was in an angry and quarrelsome manner, to the disturbance of others, the citizens of said town and county, against the peace and dignity of the State.” The…
1Opinion of the Court
I
Sherwood, C. J.
The indictment is framed under section 6, page 491,1 Wagner’s Statutes, and states all that is necessary under that section to constitute an affray, and is, consequently, sufficient; and that offense was indictable when the indictment w-as found — and the circuit court had jurisdiction.
II
The instructions given in behalf of the State .would seem to have presented the law with unexceptionable fairness to the jury, and as the evidence has not been preserved, it will be presumed that the evidence adduced at the trial warranted their giving. But those instructions are not the…
2Cases cited1 opinion
- State v. WisterSupreme Court of Missouri · 1876
3Cited by9 opinions
- State v. GriffinSupreme Court of Missouri · 1889
- State v. HarveySupreme Court of Missouri · 1891
- State v. ReedSupreme Court of Missouri · 1886
- Johnson v. StateCourt of Criminal Appeals of Texas · 1900
- State v. QuinnMissouri Court of Appeals · 1890
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