State v. Maguire
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. Jas. C. Normile, Judge. (1) The indictment should have been quashed. It only alleges that the wound was given “with the pistol ■aforesaid.” State v. Green, 111 Mo. 585; State v. Blan, 69 Mo. 317; State v. Burns, 99 Mo. 542, dissenting opinion of Judge Sherwood. (2) The court should not have singled out the testimony of the defendant and specially charged the jury upon its weight.
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Appeal from St. Louis Criminal Court. — Hon. Jas. C. Normile, Judge. (1) The indictment should have been quashed. It only alleges that the wound was given “with the pistol ■aforesaid.” State v. Green, 111 Mo. 585; State v. Blan, 69 Mo. 317; State v. Burns, 99 Mo. 542, dissenting opinion of Judge Sherwood. (2) The court should not have singled out the testimony of the defendant and specially charged the jury upon its weight. Such was a prohibited trespass upon the exclusive province of the jury. Muely v. State, 19 S. W. Rep. (Tex.) 915; State v. Young, 99 Mo. 666-676, the dissenting opinion of…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the January term, 1890, of the St. Louis criminal court *673for an assault with, intent to kill, under section 3489 of the Eevised Statutes of 1889. He was convicted and sentenced to imprisonment in the penitentiary for three years.
I. The first error complained of is the refusal to quash the indictment because it did not charge an offense, in that it failed to allege defendant shot the prosecuting witness with a pistol.
After the formal commencement. the indictment charged that Edward Maguire in and upon one Philip Walsh, feloniously, wilfully, on purpose and of his…
2Cases cited5 opinions
- State v. MusickSupreme Court of Missouri · 1890
- State v. YoungSupreme Court of Missouri · 1891
- State v. CookSupreme Court of Missouri · 1884
- State v. SchlossSupreme Court of Missouri · 1887
- State v. DoyleSupreme Court of Missouri · 1891
3Cited by13 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- State v. PrattSupreme Court of Missouri · 1894
- State v. CavenerSupreme Court of Missouri · 1947
- State v. NelsonSupreme Court of Missouri · 1893
- State v. TracySupreme Court of Missouri · 1922
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