State v. Thomas
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Eon. Edward E. Porterfield, Judge. (1) The information sufficiently charges the offense of murder in the first degree.
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Appeal from Jackson Criminal Court. — Eon. Edward E. Porterfield, Judge. (1) The information sufficiently charges the offense of murder in the first degree. The manner in which the instrument is held, whereby the injury is inflicted, is not material; and even if the same were material under the common law rules of pleading, the defect is cured by the sweeping provisions of Sec. 5115, R. S. 1909, which declares that “no indictment or information shall he deemed invalid for any . . . defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the…
1Opinion of the CourtBrown, P. J.
Defendant and six others were jointly charged with the crime of murder in the first degree. From a judgment of the criminal court of Jackson county sentencing defendant to the penitentiary during his natural life he appeals.
On the night of October 3, 1911, two white boys (George Johnson and his brother, Elmer Johnson) were out on the streets of Kansas City until a late *197hour viewing the “Priests of Pallas” parade. At the hour of 11:30 p. m., they were walking along Fifteenth street where the same intersects the Paseo, a locality inhabited by negroes, when they were accosted by a dozen or more…
2Cases cited13 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. FoleySupreme Court of Missouri · 1898
- Parker v. StateCourt of Criminal Appeals of Texas · 1904
- State v. JonesMissouri Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. HoferSupreme Court of Iowa · 1947
- State v. FlowersSupreme Court of Missouri · 1979
- State v. HunterSupreme Court of Missouri · 1970
- State v. WilliamsSupreme Court of Missouri · 1963
- State v. SewardSupreme Court of Kansas · 1947
33 more not listed; retrieve them via the Exa API.