State v. McDaniel
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. Such an error as the one appearing on the face of the indictment, viz., alleging that the offence was committed on a day subsequent to the finding of the indictment, is merely clerical, and this court will not reverse. State n>. Eaton, 75 Mo. 586; R. S., sec. 1821; State n.
Read the full summary
Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. Such an error as the one appearing on the face of the indictment, viz., alleging that the offence was committed on a day subsequent to the finding of the indictment, is merely clerical, and this court will not reverse. State n>. Eaton, 75 Mo. 586; R. S., sec. 1821; State n. Burnett, 81 Mo. 119. It was not necessary to allege in the indictment that the knife with which the mortal wound was inflicted was a deadly weapon. This is not a question of law to be determined on demurrer or motion in arrest, but a question of fact for the jury.…
1Opinion of the CourtBlack, J.
The defendant was indicted at the May term, 1886, of the circuit court'of Texas county, for killing Victor Kevitt. The trial resulted in a verdict of guilty of murder in the first degree. Prom a judgment entered in accordance with the verdict, the defendant appealed, but we have no brief on his behalf and must look to the motions in arrest, and for new trial, for the grounds of his complaint.
One ground stated in the motion in arrest is, that the indictment does not state that the assault was made with a deadly or dangerous weapon, nor that the assault was made with a weapon recognized by the…
2Cases cited6 opinions
- State v. WienersSupreme Court of Missouri · 1877
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- State v. BurnettSupreme Court of Missouri · 1883
- State v. HoffmanSupreme Court of Missouri · 1883
- State v. ChandlerSupreme Court of Missouri · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. DavisSupreme Court of Missouri · 1983
- State v. TaylorSupreme Court of Missouri · 1896
- State v. HoferSupreme Court of Iowa · 1947
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. MusickSupreme Court of Missouri · 1890
14 more not listed; retrieve them via the Exa API.