State v. Scott
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Ho». Argus Cox, Judge. Section 2361, Eevised Statutes 1899, is susceptible of but one construction and that is that if a man stands indicted for murder or any other homicide, and the evidence upon the trial shows the party to be dead from the assault made, then there can be no conviction for an assault, notwithstanding there must of necessity have been an assault, and in fact was an assault to produce the death.
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Appeal from Hickory Circuit Court. — Ho». Argus Cox, Judge. Section 2361, Eevised Statutes 1899, is susceptible of but one construction and that is that if a man stands indicted for murder or any other homicide, and the evidence upon the trial shows the party to be dead from the assault made, then there can be no conviction for an assault, notwithstanding there must of necessity have been an assault, and in fact was an assault to produce the death. It might be said that every felonious killing involves an assault. We cannot believe that this court in the case suggested would permit a verdict…
1Opinion of the CourtGantt, J.
On August 26, 1901, the prosecuting
attorney of Hickory county began this prosecution by filing in the office of the clerk of the circuit court an information verified by his official oath, charging the defendant with rape upon Laura Huffman, a female child under the age of fourteen years. The offense was alleged to have been committed on March 6, 1901. A plea of not guilty was entered upon his arraignment and defendant put upon trial and found guilty of an assault with intent to commit rape and his punishment assessed at two years in the penitentiary. The defendant and the father of the…
2Cases cited10 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. HopperSupreme Court of Missouri · 1880
- State v. ShepardSupreme Court of Connecticut · 1828
- Polson v. StateIndiana Supreme Court · 1893
- State v. HouxSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. PigquesSupreme Court of Missouri · 1958
- State v. KingSupreme Court of Missouri · 1938
- State v. KorneggerSupreme Court of Missouri · 1953
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. KochWyoming Supreme Court · 1948
24 more not listed; retrieve them via the Exa API.