Lester v. State
Supreme Court of Missouri
APPEAL from Jackson Circuit Court. Lester was condemned to be hanged, by the circuit court of Jackson county, on the 2d January, in the year 1846. He moved in arrest of judgment, and his motion was overruled. The only point relied on, is that the indictment is grossly defective, for the reasons following: 1st. There is no description of the mortal wound in either of the four counts of said indictment. 2d.
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APPEAL from Jackson Circuit Court. Lester was condemned to be hanged, by the circuit court of Jackson county, on the 2d January, in the year 1846. He moved in arrest of judgment, and his motion was overruled. The only point relied on, is that the indictment is grossly defective, for the reasons following: 1st. There is no description of the mortal wound in either of the four counts of said indictment. 2d. It is not stated in either count that this mortal wound was inflicted with the same stick with which the assault was made, See. Bd. It is not stated either when or where the mortal wound was…
1Opinion of the CourtNapton, J.
The appellant was indebted and found guilty of the murder of one King B. Scott. After verdict, a motion in arrest of judgment was made, which being overruled, the case is brought to this court.
The only question presented by the record, is the one arising from the motion in arrest. The indictment consists of four counts, the first, third and fourth of which are in all respects, material to the question, precisely alike. The second count is different. In the first count it is alleged that the defendant, with force and arms, at, &c., on, &c., “in and upon one KingB. Scott, in the peace of the…
2Cited by7 opinions
- State v. ClarkSupreme Court of Missouri · 1898
- State v. TestermanSupreme Court of Missouri · 1878
- State v. SteeleySupreme Court of Missouri · 1877
- State v. MeadowsSupreme Court of Missouri · 1900
- State v. LakeySupreme Court of Missouri · 1877
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