State v. Bunyard
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. (1) Defendant is charged with the specific offense of mayhem with the intent to maim and disfigure, and not with the intent to kill, maim and disfigure under Sec. 4480, R. S. 1909. One could be convicted of mayhem with intent to kill, and without any intent to maim and disfigure, and vice versa; so the statute creates, in a sense, two separate and distinct offenses.
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Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. (1) Defendant is charged with the specific offense of mayhem with the intent to maim and disfigure, and not with the intent to kill, maim and disfigure under Sec. 4480, R. S. 1909. One could be convicted of mayhem with intent to kill, and without any intent to maim and disfigure, and vice versa; so the statute creates, in a sense, two separate and distinct offenses. And in this case it was improper to give to the jury instruction numbered one. State v. West, 12 Mo. App. 309 ; State v. Wilson, 88 Mo. 13; State v. Lewis, 118' Mo.…
1Opinion of the CourtWalker, J.
On an information filed by the prosecuting attorney of Douglas county, charging the *351appellant with, mayhem under the provisions of. section 4480, Revised Statutes- 1909, he was convicted and sentenced to five years’ imprisonment in the penitentiary, from which he appeals; upon the perfecting of his appeal, he entered into a recognizance which was approved by the trial court.
The evidence on behalf of the State was substantially as follows:
During the month of November, 1912, a young man named Emmet Yoeman was teaching school at Walnut Grove sehoolhouse, a few miles from Ava, in Douglas county.…
2Cases cited15 opinions
- State v. BidstrupSupreme Court of Missouri · 1911
- People v. WrightCalifornia Supreme Court · 1892
- State v. GoddardSupreme Court of Missouri · 1898
- State v. WakefieldSupreme Court of Missouri · 1881
- State v. FaulknerSupreme Court of Missouri · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WynneSupreme Court of Missouri · 1944
- State v. DaegeleSupreme Court of Missouri · 1957
- State v. CusumanoSupreme Court of Missouri · 1963
- State v. CollinsMissouri Court of Appeals · 1975
- State v. GabrielSupreme Court of Missouri · 1923
3 more not listed; retrieve them via the Exa API.