State v. Meadows
Supreme Court of Missouri
, Appeal from Christian Circuit Court. — Hon. James T. Neville, Judge. (1) The indictment in this case is fatally defective. It charges the shooting and wounding of Stephen Bilyeu, and that Stephen Bilyen died of said wounds, but fails to charge that any assault was made on Stephen Bilyeu, or ón any one else by this defendant, or either of his co-defendants in this indictment.
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, Appeal from Christian Circuit Court. — Hon. James T. Neville, Judge. (1) The indictment in this case is fatally defective. It charges the shooting and wounding of Stephen Bilyeu, and that Stephen Bilyen died of said wounds, but fails to charge that any assault was made on Stephen Bilyeu, or ón any one else by this defendant, or either of his co-defendants in this indictment. State v. Lester, 9 Mo. 666; State v. Blan, 69 Mo. 311; State v. Rector, 126 Mo. 328; State v. Evans, 128 Mo. 412; State v. Clark, 141 Mo. 28. If it be necessary to prove an assault in a case of homicide by shooting, it…
1Opinion of the CourtBurgess, J.
On the 20th day of April, 1899, defendant was convicted in the circuit court of Christian county of murder in the second degree, and his punishment fixed at ten years imprisonment in the penitentiary, for having theretofore at said county shot and killed with a Winchester rifle one Stephen Bilyeu. After unsuccessful motions for a new trial and in arrest, defendant appeals.
The homicide for which defendant was convicted occurred over the removal of a fence of which deceased Stephen Bilyeu and defendant were the joint owners. They owned adjoining farms which were separated by this fence. When…
2Cases cited8 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. GreenSupreme Court of Missouri · 1892
- State v. SchlossSupreme Court of Missouri · 1887
- State v. PaxtonSupreme Court of Missouri · 1895
- State v. NickensSupreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. GartrellMissouri Court of Appeals · 1903
- State v. KelleherSupreme Court of Missouri · 1907
- State v. SebastianSupreme Court of Missouri · 1908
- State v. BrownSupreme Court of Missouri · 1902
- State v. StewartSupreme Court of Missouri · 1919
3 more not listed; retrieve them via the Exa API.