State v. Meyers
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The court erred in failing to instruct the jury for common assault, because there was no evidence whatever that the club used was a deadly weapon. It was not used upon and about a vital part on the body of the prosecuting witness, and in such a way as was likely to produce death. State v. Schloss, 93 Mo. 361;' 2 Bishop Crim.
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The court erred in failing to instruct the jury for common assault, because there was no evidence whatever that the club used was a deadly weapon. It was not used upon and about a vital part on the body of the prosecuting witness, and in such a way as was likely to produce death. State v. Schloss, 93 Mo. 361;' 2 Bishop Crim. Law, sec. 681. (2) The court erred in giving the first, second, third, fourth and fifth instructions to the jury, for all of those are predicated on the theory that defendant Meyers was…
1Opinion of the CourtGantt, P. J.
This is a prosecution for an assault with intent to kill, with malice aforethought. The prosecuting witness is William A. Dempsey, a member of the police force of the city of St. Louis.
The indictment is in the ordinary and approved form.
The arraignment was regular and a plea of not guilty entered.
The facts developed on the trial are substantially ' the following:
On the night of the twenty-sixth of October, 1901, Dempsey, who was a policeman in the Fifth district, and whose beat was from North Market to Chambers and from Broadway to Tenth street, about midnight, was on his way to the office to…
2Cited by5 opinions
- State v. RuckSupreme Court of Missouri · 1906
- Schafer v. OstmannMissouri Court of Appeals · 1910
- State v. DockerySupreme Court of Missouri · 1912
- Brouster v. FoxMissouri Court of Appeals · 1906
- Schafer v. OstmannMissouri Court of Appeals · 1913