State v. Webb
Supreme Court of Missouri
Appeal from Andrian Circuit Court. — Eon. James D. Barnett, Judge. (1) The verdict was against the law and the evidence. There was no felony committed.
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Appeal from Andrian Circuit Court. — Eon. James D. Barnett, Judge. (1) The verdict was against the law and the evidence. There was no felony committed. There was no felonious assault made, or proven, (a) As shown by the testimony of the prosecuting witness, Tugel, and- the two State witnesses, who saw the assault, Tugel was not struck with anything, except the fist of the defendant; and not in such a manner as to cause any apprehension in their minds, at the time, that Webb had any intention to kill, or do great bodily harm; or, that the natural and probable result of such blows, would likely…
1Opinion of the CourtRevelle, J.
Prosecution by information filed in the circuit court of Audrain County, charging felonious assault upon D. E. Tugel. Trial, verdict of guilty, assessment of punishment at fine of $200; appeal in regular form.
Evidence on the part of the State: The assaulted was at the time of the difficulty superintendent of public schools at Vandalia, in Audrain County, Missouri, and defendant was an inhabitant of that town, having a son who attended the school over which prosecuting witness exercised superintendence. From record mdicia it seems that the prosecuting witness had, in the morning prior to this…
2Cases cited9 opinions
- State v. MyersSupreme Court of Missouri · 1906
- State v. HeathSupreme Court of Missouri · 1909
- State v. HeathSupreme Court of Missouri · 1911
- State v. HottmanSupreme Court of Missouri · 1906
- State v. LeonardSupreme Court of Missouri · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. RizorSupreme Court of Missouri · 1944
- State v. StrubbergSupreme Court of Missouri · 1981
- State v. WatsonSupreme Court of Missouri · 1963
- Reger v. NowotnySupreme Court of Missouri · 1950
- State v. SimonSupreme Court of Missouri · 1927
7 more not listed; retrieve them via the Exa API.