State v. Payton
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Hon. W. F. Geiger, Judge. (1) The record does not show that the indictment was returned by the foreman of the grand jury in the presence of the jury, as required by section 1797 of the Revised Statutes of 1879. (2) The indictment is absurd and inconsistent in this : that it charges that one mortal wound produced the death of the deceased, and that said mortal wound was given by both of the defendants with two different guns.
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Appeal from Christian Circuit Court. — Hon. W. F. Geiger, Judge. (1) The record does not show that the indictment was returned by the foreman of the grand jury in the presence of the jury, as required by section 1797 of the Revised Statutes of 1879. (2) The indictment is absurd and inconsistent in this : that it charges that one mortal wound produced the death of the deceased, and that said mortal wound was given by both of the defendants with two different guns. (3) Defendant’s motion for a new trial should have been sustained for the reason that the verdict was against the evidence. (4) The…
1Opinion of the Court
- Black, J. —
The defendant, fifteen years of age, and his brother, William R. Payton, were jointly indicted for killing Claudie E. Mathews, an infant, on the twelfth of April, 1885. After a severance, James S. Payton was tried and found guilty of murder in the first degree.
The evidence shows that these two boys lived with their parents ; L. T. Mathews resided in the same neighborhood, on a farm to which it seems the father of the *224Payton boys made some claim. There is some evidence to the effect that defendants had said they would cultivate the place, and no one else should. On the twelfth of…
2Cases cited4 opinions
- State v. WagnerSupreme Court of Missouri · 1883
- State v. AndersonSupreme Court of Missouri · 1886
- Hovelman v. Kansas City Horse RailroadSupreme Court of Missouri · 1883
- State v. CollinsSupreme Court of Missouri · 1885
3Cited by30 opinions
- Gladden v. StateCourt of Appeals of Maryland · 1974
- People v. SuesserCalifornia Supreme Court · 1904
- State v. WalkerSupreme Court of Missouri · 1888
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. AverySupreme Court of Missouri · 1893
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