State v. Ray
Supreme Court of Missouri
Appeal from, Worth Circuit Court. The indictment charged that the defendant, with a certain knife, of the length of six inches, which he, the said Willis B. Ray, in his hand held, and which was then and there a deadly weapon, and held feloniously, did assault one Elihu Rowin, and him, the said Elihu Rowin, then and there, with the knife aforesaid, feloniously did wound, contrary to the form of the statute, &c.
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Appeal from, Worth Circuit Court. The indictment charged that the defendant, with a certain knife, of the length of six inches, which he, the said Willis B. Ray, in his hand held, and which was then and there a deadly weapon, and held feloniously, did assault one Elihu Rowin, and him, the said Elihu Rowin, then and there, with the knife aforesaid, feloniously did wound, contrary to the form of the statute, &c. This is a case where the defendant was, at the September term, A. D. 1864, of the Worth Circuit Court, indicted for maiming and wounding, under circumstances which would have…
1Opinion of the CourtHolmes, Judge
This was an indictment under the 39th section of the “Act concerning crimes and punishments.” On motion of the defendant, the indictment was quashed. The indictment charges all the facts necessary to constitute the offence, under said section. (Conrad v. State, 11 Mo. 579; Jennings v. State, 9 Mo. 862.) The motion should have been overruled.
Judgment reversed, and the case remanded.
Judge Wagner concurs ; Judge Lovelace absent.
2Cases cited2 opinions
- Carrico v. StateSupreme Court of Missouri · 1848
- Hill v. BufordSupreme Court of Missouri · 1846
3Cited by1 opinion
- State v. WebbSupreme Court of Missouri · 1916