Johnston v. State
Supreme Court of Missouri
Appeal from the Circuit Court of Benton county. 1st. As the indictment against the defendant was for a felony, it was error to give a judgment against him for a misdemeanor. 2d. There was error in permitting evidence of two assaults to be given to the jury, when the defendant was only charged with one.
1Opinion of the Court
Opinion of the Court hy
Napton, Judge.
The appellant was indicted by the grand jury of Benton county, for a felonious assault. The indictment was framed under the 35th section of the second article of the act concerning crimes and punishments. The jury found the defendant guilty, and assessed as his punishment a fine of fifty dollars, and twenty-seven days imprisonment in the county jail.
It appears from the bill of exceptions, that the appellant had an altercation with one Hughes, and struck the said Hughes with a stick of timber, and a fight ensued between the said appellant and Hughes, during…
2Cited by20 opinions
- State v. GreenSupreme Court of Missouri · 1877
- State v. ReevesSupreme Court of Missouri · 1888
- State v. BondSupreme Court of Missouri · 1905
- State v. ClaytonSupreme Court of Missouri · 1890
- State v. NieuhausSupreme Court of Missouri · 1909
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