State v. Groves
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) Under the testimony the court should have directed a verdict for the defendant. (2) The. court committed error in giving an instruction to the jury upon felonious wounding. Under the testimony of the State’s witnesses, if it was to he believed, the defendant was guilty of felonious assault. Under the testimony of the defendant’s witnesses, the defendant was justified.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) Under the testimony the court should have directed a verdict for the defendant. (2) The. court committed error in giving an instruction to the jury upon felonious wounding. Under the testimony of the State’s witnesses, if it was to he believed, the defendant was guilty of felonious assault. Under the testimony of the defendant’s witnesses, the defendant was justified. This being true, there was no testimony .upon which to predicate an instruction for felonious wounding. (3) The court should have given an instruction…
1Opinion of the CourtGantt, J.
This prosecution was commenced in the circuit court of the city of St. Louis, at the February *454term, 1904, by information filed by tbe assistant circuit attorney, charging the defendant with having, on the first of July, 1903, willfully, on purpose and of his malice aforethought, made an assault in and upon one Abraham Peters, in the city of St. Louis, and then and there shooting off a certain pistol loaded with gunpowder and leaden halls, at, against and upon the said _ Peters, and giving unto him, said Peters, one wound, with intent then and there him, the said Peters, to kill, against the…
2Cited by3 opinions
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- State v. BeverlySupreme Court of Missouri · 1907