State v. Lockwood
Supreme Court of Missouri
Appeal from, Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The indictment in this case is sufficient. It follows the language of the statute under which it is drawn, and clearly charges the offense' of which the defendant is accused. Its allegations are not repugnant as charging both a voluntary and involuntary killing. 2 Bishop on Crim.
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Appeal from, Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The indictment in this case is sufficient. It follows the language of the statute under which it is drawn, and clearly charges the offense' of which the defendant is accused. Its allegations are not repugnant as charging both a voluntary and involuntary killing. 2 Bishop on Crim. Proc., sec. 564; State v. Sundheimer, 93 Mo. 311. It has been repeatédly held by this court that an indictment for murder in the first degree includes every degree of manslaughter. If, therefore, the allegation “feloniously, willfully, deliberately,…
1Opinion of the CourtBuegess, J.
At the September term, 1893, of the circuit court of Henry county, an indictment was returned by the grand jury of said county against the defendant, which, omitting the formal parts is as follows:
“That Albert Lockwood, on the thirty-first day of July, 1892, at the county of Henry and state of Missouri, in and upon one Robert McAllister, then and there being,, feloniously, willfully and with culpable negligence, did make an assault and with a dangerous and deadly weapon, to wit, a pistol, then and there loaded with gunpowder and leaden balls, which he the said Albert Lockwood, then and there…
2Cases cited2 opinions
- State v. BenhamSupreme Court of Iowa · 1867
- State v. EmerySupreme Court of Missouri · 1883
3Cited by8 opinions
- State v. FosterSupreme Court of Missouri · 1946
- State v. AitkensSupreme Court of Missouri · 1944
- Kent v. StateSupreme Court of Florida · 1907
- State v. CutshallSupreme Court of Missouri · 1966
- State v. BaileySupreme Court of Kansas · 1920
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