State v. Burk
Supreme Court of Missouri
Appeal f'rom OarroTl Circuit Court. — -lion. James M. Davis, Judge. (1) As the charge was specific and complete the defendant could be tried on no other ; only on section 1262, Revised Statutes; section 22, of Bill of Rights, accords-the right “to demand the nature and cause of the accusation.” (2) As the oifence was complete under section-1262, it was error to instruct the jury under another section; but otherwise if good under such other section.
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Appeal f'rom OarroTl Circuit Court. — -lion. James M. Davis, Judge. (1) As the charge was specific and complete the defendant could be tried on no other ; only on section 1262, Revised Statutes; section 22, of Bill of Rights, accords-the right “to demand the nature and cause of the accusation.” (2) As the oifence was complete under section-1262, it was error to instruct the jury under another section; but otherwise if good under such other section. Slate v. McDonald, 67' Mo. 13. (3) If the law has been changed by the insertion of section 1655, in the Revised Statutes of 1879, a general…
1Opinion of the CourtRat, J.
The defendant, Henry Burk, was tried and convicted, at the March term, 1883, of the Carroll .circuit court, upon an indictment for a felonious assault .with intent to kill one John Dozier. The indictment is framed under section 1262, Revised Statutes, and (omitting its formal parts) charges that Henry Burk, at, etc., ón, etc., in and upon John Dozier, feloniously, on purpose and of his malice aforethought, did make an assault, and did then and there, on purpose and of his malice aforethought, feloniously shoot at him, the said John Dozier, with a certain revolving pistol loaded with powder…
2Cases cited6 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. WilliamsSupreme Court of Missouri · 1883
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. BurnettSupreme Court of Missouri · 1883
- State v. PintsSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. TalmageSupreme Court of Missouri · 1891
- State v. ColvinSupreme Court of Missouri · 1910
- State v. RobbSupreme Court of Missouri · 1886
- State v. FeeleySupreme Court of Missouri · 1906
16 more not listed; retrieve them via the Exa API.