State v. Johnson
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) It is evident by the wording of tbe information that the prosecuting attorney meant to charge only one of the defendants with the actual cutting. There was only one cut and it was physically impossible for one strike to be made by all three of the defendants. All three could not have held the knife in “their” hands.
Read the full summary
Appeal from Callaway Circuit Court. — Hon. David H. Harris, Judge. (1) It is evident by the wording of tbe information that the prosecuting attorney meant to charge only one of the defendants with the actual cutting. There was only one cut and it was physically impossible for one strike to be made by all three of the defendants. All three could not have held the knife in “their” hands. The charge being a physical impossibility as to all could not be and is not a specific charge as to any one of the defendants. This point is self-evident. Therefore the information is bad and the motion in…
1Opinion of the CourtBrown, J.
Upon a charge of assaulting with intent to kill one Paris Craighead, defendant was convicted in the circuit court of Callaway county and appeals from a judgment fixing his punishment at three years in the penitentiary.
The evidence upon which this conviction rests runs as follows:
Craighead and three other white boys assembled in Callaway county on the night of August 18, 1912, to attend a dance. The dance did not materialize, so the four boys decided to attend a festival, held on the same night at a negro church a few miles distant. They arrived at the church about midnight, and, after tying…
2Cases cited6 opinions
- Althoff v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- State v. SheltonSupreme Court of Missouri · 1909
- State v. FoleySupreme Court of Missouri · 1913
- State v. DaltonSupreme Court of Missouri · 1858
- State v. GrimesMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. GlassNorth Dakota Supreme Court · 1915
- Pietzuk v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Kay v. StateCourt of Appeals of Maryland · 1934