State v. Herrell
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The motion to quash the indictment should have been sustained. The indictment does not charge that the wounding which produced the death was wilful, deliberate and premeditated. A cursory inspection even, of the indictment will reveal this defect. State v. Realcey, 1 Mo.
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Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The motion to quash the indictment should have been sustained. The indictment does not charge that the wounding which produced the death was wilful, deliberate and premeditated. A cursory inspection even, of the indictment will reveal this defect. State v. Realcey, 1 Mo. App. 3; State v. Snell, 78 Mo. 241 State v. Emerich, 87 Mo. 110 ; State v. Feaster, 25 Mo. 324. (2) The court should not have instructed on any grade of homicide not shown by the evidence. State, v. Wilson, 86 Mo. 520; State v. Jones, 14 Mo. App. 589 ; State…
1Opinion of the CourtSherwood, J.
The indictment in this cause is as follows:
“The grand jurors of the state of Missouri, chosen and selected from the body of Taney county, in said state of Missouri, who, after being duly empanelled, charged and sworn, upon their oath, find and present that Newton W. Herrell, late of the county and state of Missouri, did, on or about the seventh day of October A. D., 1884, at said county of Taney, and state aforesaid, in and upon one Amos Ring, then and there being unlawfully, wilfully, feloniously, deliberately, premeditatedly, on purpose, and of his malice aforethought, make an assault, and…
2Cases cited20 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. HaysSupreme Court of Missouri · 1856
- Gay v. GillilantSupreme Court of Missouri · 1887
15 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- State v. FairlambSupreme Court of Missouri · 1894
- Boykin v. PeopleSupreme Court of Colorado · 1896
- State v. SwarensSupreme Court of Missouri · 1922
33 more not listed; retrieve them via the Exa API.