State v. Gray
Supreme Court of Missouri
Appeal from Polk Circuit Court. Gray was indicted with others, under the statute, for a felonious assault, and upon a separate trial was convicted. No motion to quash the indictment or arrest the judgment was made in the court below.
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Appeal from Polk Circuit Court. Gray was indicted with others, under the statute, for a felonious assault, and upon a separate trial was convicted. No motion to quash the indictment or arrest the judgment was made in the court below. At the trial, the court excluded evidence to show that the party assaulted was trespassing upon land of which defendant was in possession at the time of the assault. in his brief, relied upon the exclusion of the evidence and -error in the instructions for a reversal of the judgment.
1Opinion of the CourtScott, Judge
The judgment rendered in this case must be arrested for the defects contained in the indictment. The defendants are charged under the 38th section of the act concerning crimes, 2d article, with having jointly made an assault; and several being indicted, it is charged that they, with a knife, which they then and there with their right hand held, made an assault, &c. This is an impossibility. It is on the face of it false, and must be bad. The proper mode, in such cases, is to charge one of the defendants with having made the assault, and the others being *493present, aiding and abetting, will be…
2Cited by4 opinions
- Turner v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. BrownSupreme Court of Arkansas · 1878
- State v. SteeleySupreme Court of Missouri · 1877
- State v. GrimesMissouri Court of Appeals · 1888