State v. Davis
Supreme Court of Missouri
Appeal from Osage Circuit Court. It is sufficient to state, in addition to the facts stated in the opinion of the court, that the court, at the instance of the State, gave the following instructions bearing upon the second count of the indictment: “ 2. If the jury believe from the evidence that the defendant within three years nest before the finding of this indictment, and in Osage county, wilfully and feloniously made an assault with a knife, being a deadly weapon, likely…
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Appeal from Osage Circuit Court. It is sufficient to state, in addition to the facts stated in the opinion of the court, that the court, at the instance of the State, gave the following instructions bearing upon the second count of the indictment: “ 2. If the jury believe from the evidence that the defendant within three years nest before the finding of this indictment, and in Osage county, wilfully and feloniously made an assault with a knife, being a deadly weapon, likely to produce death or great bodily harm, and inflicted a wound upon the face of said Berry, or upon the side, or upon any…
1Opinion of the CourtScott, Judge
The defendant Davis was indicted, with three others, under the 35th and 39th sections of the second article of the act concerning crimes and their punishments. There were two counts in the indictment; the one on the 35th, and the other on the 39th of said sections. The first charges a wilful felonious striking with a dangerous weapon, on purpose and of malice aforethought, with the intent, then and there, Robert Berry .wilfully, feloniously, on purpose and of his malice aforethought to kill. The second count charges that the defendant, with three others, on, &c., at, &c., in and upon the body…
2Cases cited2 opinions
- State v. PhillipsSupreme Court of Missouri · 1857
- State v. PorterSupreme Court of Missouri · 1858
3Cited by19 opinions
- State v. GreenwadeSupreme Court of Missouri · 1880
- Mills v. StateIndiana Supreme Court · 1875
- State v. MyersSupreme Court of Missouri · 1906
- State v. BryantSupreme Court of Missouri · 1887
- State v. HollenscheitSupreme Court of Missouri · 1875
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