State v. Clancy
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. Chas. Glaflin Allen, Judge. (1) The fourth parag'raph of the first instruction assumes that the weapon used was a heavy glass bottle. There is nothing in the record to show what sort of bottle was used in the alleged assault, it being described only as a “Bevo” bottle, and identified as the bottle which appellant had in his hand when he was arrested.
Read the full summary
Appeal from St. Louis City Circuit Court. — lion. Chas. Glaflin Allen, Judge. (1) The fourth parag'raph of the first instruction assumes that the weapon used was a heavy glass bottle. There is nothing in the record to show what sort of bottle was used in the alleged assault, it being described only as a “Bevo” bottle, and identified as the bottle which appellant had in his hand when he was arrested. There is nothing from which it may be determined whether it was heavy or light; although there is evidence that when the prosecutor was struck with it there was a “terrible flow of blood,” and…
1Opinion of the CourtBurgess, J.
On November 30', 1908, in the circuit court of the city of St. Louis, defendant was convicted of the crime of assault with intent to kill, with *656malice aforethought, under an indictment charging him with said offense, and his punishment assessed by the jury at five years in the penitentiary. Motions for new trial and in arrest of judgment were filed by defendant, and the same being overruled by the court, defendant appealed.
The evidence developed the following state of facts:
Iiarry Y. English, the victim of the assault, was a dealer in cigars and tobacco, at 2028 Olive street, in the city of…
2Cases cited4 opinions
- State v. YoungSupreme Court of Missouri · 1889
- State v. UlrichSupreme Court of Missouri · 1892
- State v. FischerSupreme Court of Missouri · 1894
- State v. BobbstSupreme Court of Missouri · 1895
3Cited by9 opinions
- State v. GreenSupreme Court of Missouri · 1956
- State v. HendersonSupreme Court of Missouri · 1947
- State v. HarrisMissouri Court of Appeals · 1976
- State v. WintjenMissouri Court of Appeals · 1973
- State v. StewardMissouri Court of Appeals · 1978
4 more not listed; retrieve them via the Exa API.