State v. Seward
Supreme Court of Missouri
Appeal from Andrew Circuit Court. This is a case where defendant was indicted, at the October term, 1866, of the Andrew county Circuit Court, for an assault with intent to kill. At the April term, 1867, of said court, he filed his motion to quash the indictment, and the same was sustained. The State then took the case to the Fifth District Court, where the ruling of the Circuit Court for Andrew county was affirmed; and the case is now brought to this court by appeal.
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Appeal from Andrew Circuit Court. This is a case where defendant was indicted, at the October term, 1866, of the Andrew county Circuit Court, for an assault with intent to kill. At the April term, 1867, of said court, he filed his motion to quash the indictment, and the same was sustained. The State then took the case to the Fifth District Court, where the ruling of the Circuit Court for Andrew county was affirmed; and the case is now brought to this court by appeal. I. It is not necessary that an indictment for an assault with intent to kill, under § 82, pp. 780-81, Gen. Stat. 1865, should…
1Opinion of the CourtWagner, Judge
The sole question in this case is whether the court committed error in sustaining the demurrer to the indictment. The indictment contains but one count, and alleges that the defendant, with force and arms, upon the body of one Edward Carter, then and there being, feloniously, on purpose, and willfully, with a deadly weapon to-wit: a double-barreled shot gun, loaded with gun*208powder and leaden balls, which he, the said Minor Seward, then' and there had and held, did then and there make an assault, with the intent him, the said Edward Carter, then and there to kill, contrary, etc. The objection…
2Cases cited2 opinions
- State v. ComfortSupreme Court of Missouri · 1838
- State v. HarrisSupreme Court of Missouri · 1864
3Cited by14 opinions
- State v. McDonaldSupreme Court of Missouri · 1877
- State v. CooperSupreme Court of Missouri · 1948
- State v. CollyerNevada Supreme Court · 1883
- State Ex Rel. Dutton v. SevierSupreme Court of Missouri · 1935
- State v. DoyleSupreme Court of Missouri · 1891
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