State v. Schloss
Supreme Court of Missouri
Appeal from, St. Louis Criminal Court. — IIon. Gt. S. Yan Wagoner, Judge. (1) The indictment is fatally defective in that it does not conclude, “against the peace and dignity of the state,” as the constitution, expressly provides it shall. Const, of Mo., art. 6, sec. 38. (2) The indictment will not support 'a conviction for an assault with intent to kill, since it does not allege that the assault was made with intent to kill.
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Appeal from, St. Louis Criminal Court. — IIon. Gt. S. Yan Wagoner, Judge. (1) The indictment is fatally defective in that it does not conclude, “against the peace and dignity of the state,” as the constitution, expressly provides it shall. Const, of Mo., art. 6, sec. 38. (2) The indictment will not support 'a conviction for an assault with intent to kill, since it does not allege that the assault was made with intent to kill. (3) It was clearly erroneous in the court to fail to instruct in this case for a common assault, as well as for an assault with intent to kill. (1) The indictment is…
1Opinion of the CourtBlack, J.
The defendant was indicted under section 1262, Revised Statutes, for an assault with intent to kill William Hodnett. She was found guilty under the succeeding section, and her punishment was fixed at a fine of one hundred dollars.
1. Objection is made to the indictment because it does not conclude, “against the peace and dignity of the state.” The thirty-eighth section of article six, of the constitution, declares that all indictments shall thus conclude. The present indictment concludes, “against the peace and dignity of the state and contrary to the form of the statute in such cases made and…
2Cases cited6 opinions
- State v. HaysSupreme Court of Missouri · 1883
- State v. PembertonSupreme Court of Missouri · 1860
- Anderson v. StateSupreme Court of Arkansas · 1844
- Zarresseller v. PeopleIllinois Supreme Court · 1855
- State v. GreenhalghSupreme Court of Missouri · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. CampbellSupreme Court of Missouri · 1908
- State v. WatsonSupreme Court of Missouri · 1963
- State v. AyersSupreme Court of Missouri · 1957
- State v. AshworthSupreme Court of Missouri · 1940
- State v. DoyleSupreme Court of Missouri · 1891
14 more not listed; retrieve them via the Exa API.