State v. Thomas
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The indictment is valid, sufficient and in accordance with the language of the statute, and meets the approval of the opinions of this court in form and substance.
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Appeal from Platte Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The indictment is valid, sufficient and in accordance with the language of the statute, and meets the approval of the opinions of this court in form and substance. State v. Pheland, 65 Mo. 547; State v. Doyle, 107 Mo. 36; State v. Williams, 191 Mo. 205; State v. Harris, 209 Mo. 423. (2) Where the assault is made by shooting with a gun or pistol, or by stabbing with a knife, it is unnecessary to allege that the weapon is a deadly one, for it is recognized as such by the statute. State v. Williams, 191 Mo. 205. (3) The…
1Opinion of the CourtFerriss, J.
At the March term, 1909, of the circuit court of Platte county, defendant was convicted of a felonious assault with intent to kill, and appeals from the judgment of conviction.
It appears from the record that the verdict was returned and judgment thereon rendered on March 17, 1909, three days prior to the filing of defendant’s motion for a new trial. Section 5285, Revised Statutes *2181909 (R. S. 1899, sec. 2689), provides that the motion for new trial shall be “filed before judgment and within four days after the return of the verdict,” and it has been frequently held by this court that said…
2Cases cited2 opinions
- State v. CarsonSupreme Court of Missouri · 1910
- State v. FraserSupreme Court of Missouri · 1909
3Cited by3 opinions
- State v. BairdSupreme Court of Missouri · 1923
- State v. SparksSupreme Court of Missouri · 1915
- State v. GrahamSupreme Court of Missouri · 1923