State v. Little
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. J. L. Fort, Judge. (1) The information in this ease is insufficient, (a) It fails to charge with what the assault was made. State v. Ferguson, 152 Mo. 92; 2 Hawk. P. C., ch. 22, sec. 60. (b) It fails to charge that the mortal wound was feloniously given. State v. Green, 111 Mo. 585; State v. Williams, 184 Mo. 261; State v. Woodward, 191 Mo. 617. (2) Defendant’s plea in abatement should have been sustained.
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Appeal from Pemiscot Circuit Court. — Hon. J. L. Fort, Judge. (1) The information in this ease is insufficient, (a) It fails to charge with what the assault was made. State v. Ferguson, 152 Mo. 92; 2 Hawk. P. C., ch. 22, sec. 60. (b) It fails to charge that the mortal wound was feloniously given. State v. Green, 111 Mo. 585; State v. Williams, 184 Mo. 261; State v. Woodward, 191 Mo. 617. (2) Defendant’s plea in abatement should have been sustained. R. S. 1899, sec. 2476; Laws 1901, p. 138. This plea in abatement in proper form, duly sworn to, was presented to the court, and all the facts…
1Opinion of the CourtPox, J.
On the 14th day of September, 1908, the prosecuting attorney of Pemiscot county filed in the circuit court of said county an information charging the defendant with murder in the first degree. Thereafter, upon the defendant’s application, the regular judge of the circuit court was disqualified, and Honorable J. L. Port, judge of the Twenty-second Judicial Circuit, was selected to try the case. Thereafter the State waived the charge of murder in the first degree, and elected to try the defendant on the charge *288of murder in the second'degree. Upon trial had, the defendant was found guilty of…
2Cases cited13 opinions
- State v. NewcombSupreme Court of Missouri · 1909
- State v. ReedSupreme Court of Missouri · 1900
- State v. PrivittSupreme Court of Missouri · 1903
- State v. HeathSupreme Court of Missouri · 1909
- State v. DunnSupreme Court of Missouri · 1883
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3Cited by7 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. ConwaySupreme Court of Missouri · 1912
- State v. AitkensSupreme Court of Missouri · 1944
- State v. WarrenSupreme Court of Missouri · 1930
- State v. GlasscockSupreme Court of Missouri · 1911
2 more not listed; retrieve them via the Exa API.