State v. Nieuhaus
Supreme Court of Missouri
Appeal from Perry Circuit Court. — No». Jos. J. Williams, Special Judge. (1) Either the instrument used to inflict the injury must be a dangerous weapon, or the wound inflicted must be dangerous.
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Appeal from Perry Circuit Court. — No». Jos. J. Williams, Special Judge. (1) Either the instrument used to inflict the injury must be a dangerous weapon, or the wound inflicted must be dangerous. If the first instruction given by the court is correct law, then there can be no such offense as a common assault and battery in any case where the skin is broken; even if it is done by a scratch with the finger nails; and the court makes this clear in its second instruction given to the jury, which tells them, “that if defendant struck Maggie Shine with a whip, or burned her with a hot iron…
1Opinion of the CourtGantt, P. J.
At the April term, 1907, of the circuit court of Perry county, an indictment was returned charging that the defendant, at said county on January 11, 1907, feloniously and willfully assaulted one Maggie Shine, and with a rawhide whip, of the length of three feet and of the diameter of three-fourths of an inch at the large end thereof, and of *338the diameter of one-fourth of an inch at the small end of said whip, and with a hot iron stove-lid lifter, of the length of nine inches, of the thickness of one inch and of the weight of one pound, willfully and feloniously, by the act and procurement of…
2Cases cited9 opinions
- State v. McDonaldSupreme Court of Missouri · 1877
- Johnston v. StateSupreme Court of Missouri · 1841
- State v. FoxSupreme Court of Missouri · 1899
- State v. LeonardSupreme Court of Missouri · 1856
- State v. BaileySupreme Court of Missouri · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Advisory Opinion Re Constitutionality of 1972 PA 294Michigan Supreme Court · 1973
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Haussener v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- State v. RizorSupreme Court of Missouri · 1944
- State v. OrtegaNew Mexico Supreme Court · 1966
19 more not listed; retrieve them via the Exa API.