State v. Barton
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. W. W. Rucker, Judge. (1) The crime attempted to be charged was not established. The evidence in this record does not show the felonious intent of the defendant, nor does it disclose any facts or circumstances from which a felonious intent could be fairly drawn. (2) The word “feloniously” is used twice in the second instruction, and no light whatever thrown on the meaning of the word, nor any attempted explanation of its meaning.
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Appeal from Chariton Circuit Court. — Hon. W. W. Rucker, Judge. (1) The crime attempted to be charged was not established. The evidence in this record does not show the felonious intent of the defendant, nor does it disclose any facts or circumstances from which a felonious intent could be fairly drawn. (2) The word “feloniously” is used twice in the second instruction, and no light whatever thrown on the meaning of the word, nor any attempted explanation of its meaning. The word “felonious,” if used in an instruction, should be defined. State v. Johnson, 111 Mo. 583; State v. Hayes, 105 Mo.…
1Opinion of the CourtSherwood, J.
The defendant, a negro, appeals from a conviction of assault with intent to kill, his punishment being assessed at imprisonment in the penitentiary for the term of three years. The prosecution is based on section 3489, Revised Statutes 1889.
1. One count in the indictment reads as follows: “The grand jurors aforesaid, on their oath aforesaid, do charge and present that George Barton, on the 29th day of October, A. D. 1896, at and in the county of Chariton and State of Missouri, in and upon one Peter Miller, feloniously, on purpose and of his malice aforethought, did make an assault, and then…
2Cases cited6 opinions
- State v. MusickSupreme Court of Missouri · 1890
- State v. BrownSupreme Court of Missouri · 1891
- State v. SnellSupreme Court of Missouri · 1883
- State v. HayesSupreme Court of Missouri · 1891
- State v. NormanSupreme Court of Missouri · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. HarrisSupreme Court of Missouri · 1958
- State v. JonesSupreme Court of South Carolina · 1925
- State v. GarrettSupreme Court of Missouri · 1965
- State v. SmartSupreme Court of Missouri · 1972
- State v. WatsonSupreme Court of Missouri · 1963
11 more not listed; retrieve them via the Exa API.