Legal Opinion

State v. Arnewine

Supreme Court of Missouri

Decided February 12, 1895PublishedCited by 6 opinions

Error to Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The indictment is sufficient and alleges every substantive fact necessary to establish the guilt of the defendant.

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Error to Henry Circuit Court. — Hon. James H. Lay, Judge. (1) The indictment is sufficient and alleges every substantive fact necessary to establish the guilt of the defendant. R. S. 1889, sec. 4115; State v. Turlington, 102 Mo. 642; State v. Burns, 99 Mo. 471; State v. Meyers, 99 Mo. 107; State v. Anderson, 98 Mo. 461. (2) Where the technical words necessary to correctly define the offense have been used in charging the assault, and the words “then and there” connect such technical words with the allegation of the fatal stroke and other substantial averments, the indictment will be held to…

1Opinion of the CourtBukgess, J.

— At the May term, 1894, of the circuit court of Henry county, Missouri, the defendant was put upon his trial before a jury for killing and murdering one George Keeton. He was found guilty of murder of the second degree, hut the jury failed to agree upon his punishment. Defendant then filed a motion for a new trial, which was overruled. He next filed a motion in arrest, which was as follows:

“Now comes the defendant and moves the court to arrest and set aside, for naught hold and declare the verdict and finding and judgment in this cause, for the following reasons:
“1. Because it is apparent on…

2Cases cited6 opinions

  1. State v. BlanSupreme Court of Missouri · 1879
  2. State v. GreenSupreme Court of Missouri · 1892
  3. State v. EdmundsonSupreme Court of Missouri · 1877
  4. State v. SandersSupreme Court of Missouri · 1882
  5. State v. MayfieldSupreme Court of Missouri · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. WoodwardSupreme Court of Missouri · 1905
  2. State v. ConleySupreme Court of Missouri · 1914
  3. State v. WilliamsSupreme Court of Missouri · 1904
  4. State v. BallanceSupreme Court of Missouri · 1907
  5. State v. BronstineSupreme Court of Missouri · 1899

1 more not listed; retrieve them via the Exa API.

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