State v. Wilson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matthew G. Reynolds, Judge. The instructions are erroneous, confusing and misleading. First, instruction numbered 1 tells the jury if they find defendant pointed the pistol “at a vital part of the body of said Oliver J. Beck,” and that at the time defendant was “within shooting distance of Beck.”
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Appeal from St. Louis City Circuit Court. — Eon. Matthew G. Reynolds, Judge. The instructions are erroneous, confusing and misleading. First, instruction numbered 1 tells the jury if they find defendant pointed the pistol “at a vital part of the body of said Oliver J. Beck,” and that at the time defendant was “within shooting distance of Beck.” Thus the court, by instruction, attempted to supply the defect in the information, and, in so doing, instructed on material facts not charged in the information — in other words, the instruction is broader than the information, and, for that reason, is…
1Opinion of the CourtGoode, J.
(after stating the facts). — This defendant was informed against for felonious assault. He is a police officer of the city of St. Louis, as the instructions show, the evidence not having been preserved in the bill of exceptions. The information is challenged as insufficient to support the verdict, which found the defendant guilty of a common assault only, and imposed a fine of one hundred dollars and imprisonment for six months in jail. We need not notice the first count of the information, because it was withdrawn from the consideration of the jury. There are two other *306counts of which the…
2Cases cited11 opinions
- State v. TempleSupreme Court of Missouri · 1906
- State v. BurkSupreme Court of Missouri · 1886
- State v. DooleySupreme Court of Missouri · 1894
- State v. SchlossSupreme Court of Missouri · 1887
- State v. TempleSupreme Court of Missouri · 1906
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3Cited by3 opinions
- In re ClarkSupreme Court of Missouri · 1907
- State v. WoodsonSupreme Court of Missouri · 1913
- Fearis v. GaffordCourt of Appeals of Texas · 1918