Gardiner v. State
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. The defendant, at the close of the evidence, asked the court to give the following iasisue-(ions; 1st. That before the jury can find the defendant guilty they must find: 1st, that the pistol was loaded with gun powder and ball, or with something calculated to produce death by shooting. 2nd, that the said pistol, so loaded, was capable of being discharged at the time. 3rd, that it was the intention of the defendant at the time, to kill…
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APPEAL from St. Louis Criminal Court. The defendant, at the close of the evidence, asked the court to give the following iasisue-(ions; 1st. That before the jury can find the defendant guilty they must find: 1st, that the pistol was loaded with gun powder and ball, or with something calculated to produce death by shooting. 2nd, that the said pistol, so loaded, was capable of being discharged at the time. 3rd, that it was the intention of the defendant at the time, to kill Gabriel. 2nd. If the jury shall believe from the evidence in the cause that the defendant did assault Gabriel, as charged…
1Opinion of the CourtRyland, J.
The defendant was indicted for an assault with intent to kill one Ga*99briel McClain — he was found guilty, and the jury assessed his punishment to imprisonment in the county jail for six months.
The defendant moved for a new trial, which was overruled — excepted to and the defendant brings the case to this court.
From the testimony as appears from the record, and from the instructions given by the court to the jury, as well as those refused, there seems to us no sufficient ground for an interference with the judgment below.
The defendant contended that the prosecutor, McClain, made the assault on…
2Cited by3 opinions
- John D. C. v. State ex rel. Julia V. H.Supreme Court of Florida · 1878
- State v. KennedySupreme Court of Missouri · 1900
- Shenkenberger v. StateIndiana Supreme Court · 1900