State v. Foster
Supreme Court of Missouri
Appeal from Buchanan Circuit 'Court.: — Hon. H, W. Utts, Judge. (1) The information in this case is fatally defective and the demurrer thereto should have been sustained. It is difficult to tell which section of the statutes this information was attempted to be drawn under. The charge of assault with intent to maim is coupled with the language “and commit great bodily harm.”
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Appeal from Buchanan Circuit 'Court.: — Hon. H, W. Utts, Judge. (1) The information in this case is fatally defective and the demurrer thereto should have been sustained. It is difficult to tell which section of the statutes this information was attempted to be drawn under. The charge of assault with intent to maim is coupled with the language “and commit great bodily harm.” Section 4481 is the section which mentions particularly assault with intent to maim, but there is no such offense in the ■ statutes as the offense of “commit great bodily harm.” The offense contemplated by Section 4482 is…
1Opinion of the CourtWalker, C. J.
Appellant ’was convicted in the Circuit Court of Buchanan County in June, 1919, of an assault with intent to maim and do great bodily harm and his punishment assessed at twelve months-’ imprisonment in the county jail. Prom the judgment rendered thereon he appeals.
Aside from formal averments, the information is as follows: “that on or about the 7th day of August, 1918, at said county, Henry C. Poster in and upon one Dennis Aubuchon, feloniously, on purpose and of his„ malice aforethought did make an assault, and did then and there on purpose and his malice aforethought feloniously shoot at…
2Cases cited23 opinions
- Boykin v. PeopleSupreme Court of Colorado · 1896
- State v. BerschSupreme Court of Missouri · 1918
- State v. LentzSupreme Court of Missouri · 1904
- State v. BondSupreme Court of Missouri · 1905
- State v. AndersonSupreme Court of Missouri · 1913
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. RichardsonSupreme Court of Missouri · 1970
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- State v. GillespieSupreme Court of Missouri · 1960
- State v. HardySupreme Court of Missouri · 1950
- State v. HammondSupreme Court of Missouri · 1978
6 more not listed; retrieve them via the Exa API.