State v. Fulkerson
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — How. W. L. Jarrott, Judge. (1) The indictment does not charge any offense, and is fatally defective in this: It does not charge the acts of defendant to have been either willfully or unlawfully done. State v. Oreen, 11 Mo. 585, and authorities therein cited.
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Appeal from Johnson Circuit Court. — How. W. L. Jarrott, Judge. (1) The indictment does not charge any offense, and is fatally defective in this: It does not charge the acts of defendant to have been either willfully or unlawfully done. State v. Oreen, 11 Mo. 585, and authorities therein cited. (2) The indictment is fatally defective in not including, ‘ ‘ and so the grand jurors aforesaid^ upon their oaths aforesaid, do present and charge that he, the said John H. Fulkerson, her the said Nettie I. Madden, in the manner, and by the. means aforesaid, did unlawfully assault, against the peace…
1Opinion of the CourtBroaddus, J.
— The defendant was indicted and convicted for an assault upon the person of a female named Nettie I. Madden.
A brief review of the evidence shows that the prosecutrix on Sunday, May 20, 1900, the day on which the offense is charged to have been committed, was a domestic servant in the family of one William R. Rice, who resided about one and one-fourth miles south and three-fourths of a mile east of the village of Columbus, Johnson county, Missouri; that the defendant lived with his mother two and three-fourths miles south and three-fourths of a mile east of said village. The prosecutrix…
2Cases cited15 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Goodrum v. StateSupreme Court of Georgia · 1878
- State v. TerrySupreme Court of Missouri · 1891
- State v. ClaytonSupreme Court of Missouri · 1890
- State v. KruegerSupreme Court of Missouri · 1896
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3Cited by3 opinions
- Beausoliel v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- State v. HoagSupreme Court of Missouri · 1911
- Linville v. GreenMissouri Court of Appeals · 1907