State v. Emery
Supreme Court of Missouri
Appeal from Randolph Circuit Court.—Hon. G. H. Burck-HARTT, Judge. This was an indictment for assault with, intent to kill one Bass, a special policeman. Tbe assault took place in Matthews’ saloon in the city of Moberly. Against the defendant’s objection, the State was permitted to show that an hour previous to the assault the defendant had had a difficulty at the same place with another person and that Bass had interfered and quelled the disturbance.
1Opinion of the CourtSherwood, J.
The defendant was indicted for assault *349with intent to kill, and on trial had, was convicted, and his punishment assessed at five years in the penitentiary.
I
The instructions as well on the part of the State as on the part of the defendant, presented the law of the case very fairly to the jury. No point appears to be made in this court in reference to the instructions.
II
The defendant was not cross-examined by the prosecntlgg attorney, consequently the position of the .defendant’s counsel respecting a matter not found in the record,, will not be discussed.
III
Evidence was admissible to show that…
2Cases cited3 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. JenningsSupreme Court of Missouri · 1853
- Fooxe v. StateSupreme Court of Missouri · 1842
3Cited by8 opinions
- State v. CrowSupreme Court of Missouri · 1891
- State v. HubbsSupreme Court of Missouri · 1922
- State v. OwenSupreme Court of Missouri · 1883
- State v. ArmstrongSupreme Court of Missouri · 1902
- State v. MurraySupreme Court of Missouri · 1895
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