State v. Bailey
Supreme Court of Missouri
Appeal from Laclede Circuit Court. The defendant was indicted under the 38th section of the 2d article of the act concerning crimes and punishments, (R. C. 1845,) for assaulting and wounding one David Enix, under circumstances which would have constituted murder or manslaughter, if death had ensued. The indictment is set out in the opinion of the court.
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Appeal from Laclede Circuit Court. The defendant was indicted under the 38th section of the 2d article of the act concerning crimes and punishments, (R. C. 1845,) for assaulting and wounding one David Enix, under circumstances which would have constituted murder or manslaughter, if death had ensued. The indictment is set out in the opinion of the court. At the trial, it appeared in evidence that Cox, a brother-in-law of the defendant, and Enix, who was somewhat intoxicated, were engaged in an angry dispute, in the course of which Cox drew a club and Enix a knife. The defendant,, who' was…
1Opinion of the CourtRyland, Judge
The defendant was indicted for a felonious assault and battery on David Enix, at the January term of the Circuit Court of Laclede county, in the year eighteen hundred and fifty-four.
He was arrested and tried on this indictment at the March term, 18.55, and was found guilty, and sentenced to pay a fine of hundred dollars and be imprisoned in the county jail for three months.
The defendant moved for a new trial, and also in arrest of judgment. These motions being overruled, he excepted to the opinion of the court, and brings the case here by appeal.
The counsel for the defendant insists before…
2Cases cited3 opinions
- State v. MagrathSupreme Court of Missouri · 1854
- Jennings v. StateSupreme Court of Missouri · 1846
- Carrico v. StateSupreme Court of Missouri · 1848
3Cited by8 opinions
- State v. NieuhausSupreme Court of Missouri · 1909
- State v. McDonaldSupreme Court of Missouri · 1877
- State v. WebbSupreme Court of Missouri · 1916
- State v. JankeSupreme Court of Missouri · 1911
- State v. Van ZantSupreme Court of Missouri · 1880
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