State v. Jordan
Supreme Court of Missouri
Appeal from Clark Circuit Court.— Hon. N. M. Pettingill, Judge. (1) Tlie information was not verified according to the Statutes and the decisions of this court and should have been quashed. Secs. 5057, 5058, R. S. 1909; State v. Lawhorn, 250 Mo. 301. (2) The instruction No. 7, given for the State, leaves out the word “wilfully,” between the word “has” and the word “sworn.” This instruction is wrong’ and reversible error.
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Appeal from Clark Circuit Court.— Hon. N. M. Pettingill, Judge. (1) Tlie information was not verified according to the Statutes and the decisions of this court and should have been quashed. Secs. 5057, 5058, R. S. 1909; State v. Lawhorn, 250 Mo. 301. (2) The instruction No. 7, given for the State, leaves out the word “wilfully,” between the word “has” and the word “sworn.” This instruction is wrong’ and reversible error. Wilfully means doing or omitting to do a thing knowingly. Felton v. United States, 96 U. S. 702, 24 L. Ed. 875. ‘ Wilfully means' not merely voluntary, hut with a had…
1Opinion of the CourtWalker, J.
The appellant was charged by information in the Circuit Court of Clark County, under Section 4481, Revised. Statutes 1909, with an assault with intent to kill. Upon a trial he was convicted and his punishment assessed at two years’ imprisonment in the penitentiary. From this judgment he appeals.
Jasper Milligan, the city marshal of Kahoka, was called to the residence of the appellant, who had been firing' off a shotgun in the street and threatening to kill different parties. The marshal found appellant standing before his home with the gun in his hands. As he approached appellant said, raising…
2Cases cited42 opinions
- State v. BrownSupreme Court of Missouri · 1904
- State v. DuestrowSupreme Court of Missouri · 1897
- State v. HundleySupreme Court of Missouri · 1870
- State v. DeWittSupreme Court of Missouri · 1905
- State v. VaughanSupreme Court of Missouri · 1906
37 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- McDaniel v. StateMississippi Supreme Court · 1978
- State v. FosterSupreme Court of Missouri · 1946
- State v. SausseleSupreme Court of Missouri · 1954
- State v. RichardsonSupreme Court of Missouri · 1973
- State v. ShipmanSupreme Court of Missouri · 1945
16 more not listed; retrieve them via the Exa API.