State v. Mayfield

— The defendant was indicted for the murder of one John Cragh on the first day of May, 1875. Defendant contends that the indictment is defective, in not alleging, when or where the defendant died. It alleges that on the-day of May, 1875, defendant shot the said Cragh and that he died on the 8d day of May. It does not state where or the year in which he died. In the case of Lester v. The State, 9 Mo. 666, the indictment' alleged that deceased “ did instantly die of the wounds inflicted upon him by the defendant.”

The court held, Napton, J., that “ time and place must be stated to the…