State v. Furgerson
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) Tbe first count in tbe indictment is worthless for the reasons: First. It does not allege that the mortal wound, the homicidal act, was “feloniously,” etc., given.
Read the full summary
Appeal from Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) Tbe first count in tbe indictment is worthless for the reasons: First. It does not allege that the mortal wound, the homicidal act, was “feloniously,” etc., given. State v. Green, 111 Mo. 588; State v. Herrell, 97 Mo. 108; State v. Emerich, 87 Mo. 115; State v. Eeaster, 25 Mo. 327; State v. Eairlamb, 121 Mo. 155; State v. Deffenbaeher, 51 Mo. 27; State v. Murdock, 9 Mo. 740; State v. Clayton, 100 Mo. 519; State v. Rice, 149 Mo. 466. Second. It is bad on account of repugnancy. The indictment charges that defendant “struck and…
1Opinion of the CourtBurgess, J.
Erom a second conviction of murder in the first degree and the imposition of the sentence of death for having killed and murdered one Stephen G. Wilson, at Grundy county, on the twenty-fifth day of March, 1897, defendant appeals.
The case was before this court on a former occasion (State v. Furgerson, 152 Mo. 92), the indictment heldfo be invalid, and the judgment reversed and the cause remanded. Subsequently, defendant was re-indicted and again convicted.
The facts and circumstances as they appeared upon the last trial were substantially as upon the last preceding one, the only’ difference…
2Cases cited26 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HopperSupreme Court of Missouri · 1880
- State v. FairlambSupreme Court of Missouri · 1894
- State v. EllisSupreme Court of Missouri · 1881
21 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. HoffmannMichigan Supreme Court · 1905
- State v. ColemanSupreme Court of Missouri · 1905
- State v. StarrSupreme Court of Missouri · 1912
- Reiling v. RussellSupreme Court of Missouri · 1939
- State v. PiersonSupreme Court of Missouri · 1932
11 more not listed; retrieve them via the Exa API.