State v. Norman
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hookah ay, Judge. The assault attempted to be charged in this case, being a felony, it was indispensable that the indictment should charge that the act, to wit, the assault, was done with a felonious intent, which it fails to do, hence is fatally defective. State v. Wood, 124 Mo. 412; State v. Fairlamb, 121 Mo. 137; State v. Clayton, 100 Mo. 516; State v. Merrill, 97 Mo. 105; State v. Fmerich, 87 Mo. 110; 2 Bishop, Crim.
Read the full summary
Appeal from Boone Circuit Court. — Hon. John A. Hookah ay, Judge. The assault attempted to be charged in this case, being a felony, it was indispensable that the indictment should charge that the act, to wit, the assault, was done with a felonious intent, which it fails to do, hence is fatally defective. State v. Wood, 124 Mo. 412; State v. Fairlamb, 121 Mo. 137; State v. Clayton, 100 Mo. 516; State v. Merrill, 97 Mo. 105; State v. Fmerich, 87 Mo. 110; 2 Bishop, Crim. Proc., secs. 79, 651, 653. The assault, coupled with the intent, constitutes the felony. State v. Doyle, 107 Mo. 36; Bishop’s…
1Opinion of the CourtShebwood, J.
The defendant, a negro, was in-dieted for shooting one Fred. Johnson, another son of Ham, in the back with a pistol, and being tried was found guilty and his punishment assessed at two years in the penitentiary. From judgment and sentence on the verdict he appeals to this court.
The substantial portion of the indictment is the following:
“Ev. Norman, late of the county aforesaid, on the twenty-first day of July, 1894, at the said county 'of Boone, state aforesaid, in and upon one Fred. Johnson, in the peace of the state then and there being unlawfully and feloniously an assault did make, and…
2Cases cited3 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. ClaytonSupreme Court of Missouri · 1890
- State v. WoodSupreme Court of Missouri · 1894
3Cited by10 opinions
- Ludlow-Saylor Wire Co. v. WollbrinckSupreme Court of Missouri · 1918
- State ex rel. Crandall v. McIntoshSupreme Court of Missouri · 1907
- State v. BartonSupreme Court of Missouri · 1898
- State Ex Rel. Buder v. HackmannSupreme Court of Missouri · 1924
- State v. GentrySupreme Court of Missouri · 1931
5 more not listed; retrieve them via the Exa API.