State v. Kindred
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — LIoN. Raéis C. Stepp, - Judge. (1) Tbe indictment is not sufficient in tbis, that it does not charge that the giving of the wound was felonious or deliberate. State v. Eeaster, 25 Mo. 324; State v. Em-eriche, 87 Mo. 110; State v. Deffenbaeher, 51 Mo. 26; State v. Herrell, 97 Mo. 108; State v. Clayton, 100 Mo. 519; State v. Eairlambs, 121 Mo. 154. Indictments for murder require great strictness.
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Appeal from Mercer Circuit Court. — LIoN. Raéis C. Stepp, - Judge. (1) Tbe indictment is not sufficient in tbis, that it does not charge that the giving of the wound was felonious or deliberate. State v. Eeaster, 25 Mo. 324; State v. Em-eriche, 87 Mo. 110; State v. Deffenbaeher, 51 Mo. 26; State v. Herrell, 97 Mo. 108; State v. Clayton, 100 Mo. 519; State v. Eairlambs, 121 Mo. 154. Indictments for murder require great strictness. State v. Sides, 64 Mo. 383; State v. Lakey, 65 Mo. 217. (2) The court should have granted a continuance in this case. John Willeford was in the front part of-the…
1Opinion of the CourtGantt, P. J.
On the fifth day of February, 1898, Peter Kindred, the defendant herein, shot and killed. Andrew A. Alley in the town of Mercer, in Mercer county, Missouri.
At the regular March term of the circuit court of said county defendant was indicted. Afterwards on the twenty-fourth day of March, 1898, the record recites that the courthouse of Mercer county was destroyed by fire and all the papers in said cause together with the indictment against defendant were burned. At the adjourned March term, 1898, of said court a new grand jury was ordered and impaneled by the court, and on May 23, 1898,…
2Cases cited13 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- State v. PagelsSupreme Court of Missouri · 1887
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. HerrellSupreme Court of Missouri · 1888
- State v. FosterSupreme Court of Missouri · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. RascoSupreme Court of Missouri · 1912
- State v. Le BeauSupreme Court of Missouri · 1957
- State v. ReeceSupreme Court of Missouri · 1974
- State v. HeathSupreme Court of Missouri · 1909
- State v. SassamanSupreme Court of Missouri · 1908
11 more not listed; retrieve them via the Exa API.