State v. Havens
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The indictment properly charges a felonious assault under section 1263, Revised Statutes. (2) No exceptions were saved at the time to the ruling of the trial court on the testimony, and it will not be reviewed here. State v. Burke, 89 Mo. 635; State v. McDonald, 85 Mo. 539. (3) The instructions given properly declared the law apiolicable to the case under the evidence.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) The indictment properly charges a felonious assault under section 1263, Revised Statutes. (2) No exceptions were saved at the time to the ruling of the trial court on the testimony, and it will not be reviewed here. State v. Burke, 89 Mo. 635; State v. McDonald, 85 Mo. 539. (3) The instructions given properly declared the law apiolicable to the case under the evidence. Instructions asked by the defendant were, therefore, properly refused.
1Opinion of the CourtNorton, C. J.
The defendant was indicted at the September term, 1887, of the Jasper county circuit court, under Revised Statutes, section 1264, for a felonious assault on one Jasper Reed. After making an unsuccessful motion to quash the indictment, he pleaded not guilty, and being put upon his trial was convicted, and his punishment assessed at three years imprisonment in the penitentiary.
The indictment “charges that defendant feloniously assaulted and wounded one Jasper Reed with a large and heavy stone, a deadly weapon likely to produce death and great bodily harm and death, and him, the said Jasper…
2Cases cited4 opinions
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. BurkSupreme Court of Missouri · 1886
- State v. MooreSupreme Court of Missouri · 1877
- State v. HaysSupreme Court of Missouri · 1878
3Cited by2 opinions
- State v. VaughnSupreme Court of Missouri · 1901
- State v. WebbSupreme Court of Missouri · 1916