State v. Melton
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon. W. I». Wallace, Judge. (1) The court erred in giving the first instruction asked by the state. The indictment charges an assault, with intent to kill under Revised Statutes, 1879, section-1262, which section does not use the words “maimed, wounded or disfigured, or received great bodily harm,”' and the indictment contains no such allegations.
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Appeal from Hickory Circuit Court. — Hon. W. I». Wallace, Judge. (1) The court erred in giving the first instruction asked by the state. The indictment charges an assault, with intent to kill under Revised Statutes, 1879, section-1262, which section does not use the words “maimed, wounded or disfigured, or received great bodily harm,”' and the indictment contains no such allegations. A conviction could not, therefore, be had under Revised Statutes, section 1264. (2) The court erred in overruling the-objections of the defendant and giving instruction, numbered 2, asked by the state. This…
1Opinion of the CourtMacfarlane, J.
— Defendant was indicted under section 1263, Revised Statutes, 1879, for an assault with intent to kill. Evidence was offered tending to prove such assault and by means thereof the assaulted party was seriously wounded on the head. Defendant was convicted and appealed to this court.
I. At the close of the evidence the court gave to the jury the following instruction, among others :
“ The court instructs the jury that if they believe from the evidence that defendant at the county of Hickory and state of Missouri, at any time within three years before the filing of the indictment in this cause,…
2Cases cited5 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. HonigSupreme Court of Missouri · 1883
- State v. BurkSupreme Court of Missouri · 1886
- State ex rel. Faires v. BuhlerSupreme Court of Missouri · 1886
- State v. EppersonSupreme Court of Missouri · 1858
3Cited by10 opinions
- State v. SpencerSupreme Court of Missouri · 1957
- State v. YoungOregon Supreme Court · 1908
- State v. PhroperMissouri Court of Appeals · 1981
- State v. TrevinoCourt of Appeals of Washington · 1973
- State v. FrankSupreme Court of Missouri · 1890
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