State v. Linn
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Eon. J. L. Fort, Special Judge. (1) The information is vagne and uncertain and fails to charge any offense under the statute; it fails to charge that a mortal wound was given the deceased by reason of the alleged assault with the knife in question, leaving the charge without any connection between the cutting or stabbing with the knife and infliction of the mortal wound, and omits to charge that the mortal wound was given feloniously,…
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Appeal from Oregon Circuit Court. — Eon. J. L. Fort, Special Judge. (1) The information is vagne and uncertain and fails to charge any offense under the statute; it fails to charge that a mortal wound was given the deceased by reason of the alleged assault with the knife in question, leaving the charge without any connection between the cutting or stabbing with the knife and infliction of the mortal wound, and omits to charge that the mortal wound was given feloniously, deliberately, premeditatedly on purpose and of his malice aforethought; lacking in these respects, the information does not…
1Opinion of the CourtGantt, P. J.
On the 29th day of June, 1908, the prosecuting attorney of Oregon county filed, in the circuit court of said county, an information, charging Ed. Linn and John Rodman with murder in the first degree. An application for change of venue, based on the alleged prejudice of Judge Evans, was filed by Linn, and sustained. The trial was set for September 1,1908, and Judge Fort was requested to try the cause. The defendant Linn was duly arraigned and pleaded not guilty. The jury was impaneled and sworn and, having heard the evidence, found the defendant guilty of murder in the second degree and fixed…
2Cases cited5 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- State v. BirksSupreme Court of Missouri · 1906
- State v. CoupenhaverSupreme Court of Missouri · 1867
- State v. WilliamsSupreme Court of Missouri · 1904
3Cited by6 opinions
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- State v. StogsdillSupreme Court of Missouri · 1929
- State v. McDanielSupreme Court of Missouri · 1965
- State v. SchumacherMissouri Court of Appeals · 2002
- State v. SimmonsMissouri Court of Appeals · 1978
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