State v. Smith
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. E. P. Dorris, Judge. (1) The verdict is responsive to the information, in that it is for common assault, a lesser offense which is necessarily included in the offense charged. One charged with assault with intent to kill may be convicted of simple assault. Sec. 4904, R. S. 1909; State v. Schloss, 93 Mo. 361; State v. Underwood, 254 Mo. 470; State v. Hoag, 232 Mo. 308; State v. Woodson, 248 Mo. 707; State v. Wilson, 126 Mo.
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Appeal from Howell Circuit Court. — Hon. E. P. Dorris, Judge. (1) The verdict is responsive to the information, in that it is for common assault, a lesser offense which is necessarily included in the offense charged. One charged with assault with intent to kill may be convicted of simple assault. Sec. 4904, R. S. 1909; State v. Schloss, 93 Mo. 361; State v. Underwood, 254 Mo. 470; State v. Hoag, 232 Mo. 308; State v. Woodson, 248 Mo. 707; State v. Wilson, 126 Mo. App. 306; Hussy v. People, 47 Barb. (N. Y.) 503; Territory v. Conrad, 46 N. W. 605; People v. Vanard, 6 Cal. 562; Penóle v.…
1Opinion of the Court
On November 27, 1918, the Prosecuting Attorney of Howell County, filed, in the Circuit Court of said county, an information, duly verified, which, omitting caption, etc., reads as follows:
"Will H.D. Green, prosecuting attorney within and for the County of Howell, in the State of Missouri, informs the court that one Ed Smith, on the 14th day of November, A.D. 1918, at the said County of Howell, did then and there, upon the body of one H.E. O'Brien then and there being, feloniously and willfully, with a deadly weapon, to-wit, a certain pitch-fork of the length of six feet and of the weight of…
2Cases cited4 opinions
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- State ex rel. Butler v. FosterSupreme Court of Missouri · 1905
- State v. . CraigeSupreme Court of North Carolina · 1883
- State v. BohleSupreme Court of Missouri · 1904
3Cited by4 opinions
- State v. DimmickSupreme Court of Missouri · 1932
- State v. RussellSupreme Court of Missouri · 1954
- State v. FieldsSupreme Court of Missouri · 1963
- State v. RussellSupreme Court of Missouri · 1954