State v. Helton
Supreme Court of Missouri
Appeal from Shannon Circuit Court. — How. W. N. Evans, Judge. The court erted in giving instruction 1. The court-should have instructed the jury that if it found from the evidence that the defendant at any time about the 30th day of January, 1910', in Shannon county, Missouri, did feloniously, on purpose and willfully assault T. A. Stevens, by then and there shooting him with a pistol, etc.
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Appeal from Shannon Circuit Court. — How. W. N. Evans, Judge. The court erted in giving instruction 1. The court-should have instructed the jury that if it found from the evidence that the defendant at any time about the 30th day of January, 1910', in Shannon county, Missouri, did feloniously, on purpose and willfully assault T. A. Stevens, by then and there shooting him with a pistol, etc. It is the rule in all felony cases that it must be charged to be feloniously done and the instructions always contain the word feloniously. State v. Clayton, 100 Mo. 521; State v. Manly, 107 Mo. 364; State…
1Opinion of the Court
BOND, C.
— The appellant, Dow Helton, was convicted of a felonious assault and sentenced to two years in the penitentiary at the March term, 1910', of the circuit court of Shannon county. The prosecution was under the provisions of section 4482, Revised Statutes 1909.
On the trial there was evidence tending to show that the prosecuting witness, T. A. Stevens, and one Jack Bunyard, in January, 1901, were passing through Kellar’s Camp; that they observed appellant, Dow Helton, and two others fall in behind and follow their track three hundred yards, where they passed a house, into which the…
2Cases cited1 opinion
- State v. ClaytonSupreme Court of Missouri · 1890
3Cited by21 opinions
- State v. WilsonSupreme Court of Iowa · 1943
- State v. BurnettSupreme Court of Missouri · 1956
- State v. WinnSupreme Court of Missouri · 1959
- State v. DouglasSupreme Court of Missouri · 1926
- State v. MurphySupreme Court of Missouri · 1936
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