Legal Opinion

State v. Koonse

Missouri Court of Appeals

Decided March 4, 1907PublishedCited by 8 opinions

Appeal from Cooper Circuit Court. — Eon. William E. Martin, Judge. (1) The defendant had the legal care and control of the infant, William Brown. R. S. 1899, sec. 1857. This enactment repealed the common law on this subject and rendered it inoperative. It abrogated and annulled it. State v. Slaughter, 77 Mo. 487; State v. Boogher, 71 Mo. 632; Hughes’ Criminal Law, sec. 4544; 26 Encyc.

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Appeal from Cooper Circuit Court. — Eon. William E. Martin, Judge. (1) The defendant had the legal care and control of the infant, William Brown. R. S. 1899, sec. 1857. This enactment repealed the common law on this subject and rendered it inoperative. It abrogated and annulled it. State v. Slaughter, 77 Mo. 487; State v. Boogher, 71 Mo. 632; Hughes’ Criminal Law, sec. 4544; 26 Encyc. Law, p. 665. (2) Even if the provisions of the common law applicable to the defendant in the case at bar had been in force in this State, still under the evidence the information would have been insufficient.…

1Opinion of the CourtJohnson, J.

The prosecuting attorney of Cooper county filed an information against defendant before a justice of the peace, which in separate counts charged him with the offense of assault and battery inflicted on the person of Willie Brown. The assault alleged in the first count occurred on August 26, 1905, and that in the second on March 1st of the same year. The information is founded on section 1850, Revised Statutes 1899, which provides: “Any person who shall assault or beat or wound another, under snch circumstances as not to constitute any other offense herein defined, shall, upon conviction, be…

2Cases cited6 opinions

  1. Moran v. StewartSupreme Court of Missouri · 1894
  2. Danenhoffer v. StateIndiana Supreme Court · 1879
  3. State v. . JonesSupreme Court of North Carolina · 1886
  4. State v. . DickersonSupreme Court of North Carolina · 1887
  5. State v. BoyerMissouri Court of Appeals · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Baker Ex Rel. Baker v. BakerSupreme Court of Missouri · 1953
  2. State v. SmithMissouri Court of Appeals · 1972
  3. Dix ex rel. Younger v. MartinMissouri Court of Appeals · 1913
  4. State v. BlackSupreme Court of Missouri · 1950
  5. State v. FischerSupreme Court of Iowa · 1953

3 more not listed; retrieve them via the Exa API.

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