Legal Opinion

State v. Scott

Supreme Court of Missouri

Decided January 15, 1867PublishedCited by 15 opinions

Appeal from Barry Circuit Cowl. The first count charged the defendant with a larceny by violence to the person of one William Jones. The second count charged the defendant with making a felonious assault upon the person of one William Jones, and putting the said Jones in fear of some immediate injury to his person, and taking the property of said Jones from his person and against his will, &c.

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Appeal from Barry Circuit Cowl. The first count charged the defendant with a larceny by violence to the person of one William Jones. The second count charged the defendant with making a felonious assault upon the person of one William Jones, and putting the said Jones in fear of some immediate injury to his person, and taking the property of said Jones from his person and against his will, &c. The third count charged a larceny, by taking the property from the person of said Jones, by puttting him in fear, &c., but did not charge any felonious assault.

1Opinion of the CourtFagg, Judge

At the March term, 1866, of the Barry Circuit Court, the respondent was indicted and put upon his trial for robbery in the first degree. The indictment charges simply one of-fence, but contains three counts, varying the statement of it in each one of them. It is drawn under the provisions of § 20, art. 3, ch. 50, R. C. 1855, and charges the respondent with forcibly taking a mare, saddle and one pair of saddlebags from one William Jones, on the public highway, against his will, &a. The jury returned a verdict of guilty and assessed his punishment at imprisonment in the State penitentiary for a…

2Cases cited2 opinions

  1. Robinson v. StateSupreme Court of Missouri · 1849
  2. State v. WilcoxenSupreme Court of Missouri · 1866

3Cited by15 opinions

  1. State v. BrooksSupreme Court of Missouri · 1887
  2. State v. PattersonSupreme Court of Missouri · 1881
  3. State v. WalkerSupreme Court of Missouri · 1888
  4. Bines v. StateSupreme Court of Georgia · 1903
  5. Matthews v. StateSupreme Court of Alabama · 1876

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