State v. Chumley
Supreme Court of Missouri
Error to Gasconade Circuit Court. — Hon. A. J. Seay, Judge. 1. The instrument, with which the assault was made, or the manner of making the assault, should be set out in the in'dictfii'ent. ' Beasley v. State, 18' Ala.' 535; State v. Johnson, 11 Texas 22; People v. Laois, 4 Parker Cr. Ct. 61; T East P. C. 419. 2. The verdict was changed in matter of fact material this cannot be done.
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Error to Gasconade Circuit Court. — Hon. A. J. Seay, Judge. 1. The instrument, with which the assault was made, or the manner of making the assault, should be set out in the in'dictfii'ent. ' Beasley v. State, 18' Ala.' 535; State v. Johnson, 11 Texas 22; People v. Laois, 4 Parker Cr. Ct. 61; T East P. C. 419. 2. The verdict was changed in matter of fact material this cannot be done. State v. McBride, 19 Mo'. 239 ; Whitehead v. State, 10 Ohio St. 449 ; Maltón v. People, 15 111. 536; 6 Ala. 483; Prince v. State, 35 Ala. 367 ; Commonwealth v. Robey, 12 Pick. 496; State v. Thompson, 30 Mo. 470;…
1Opinion of the CourtHenry, J.
At a special term of the Gasconade circuit court, held in July, A. D. 1875, defendants were jointly in-dieted and tried for a felonious assault upon one Joseph Coulter. The indictment contained two counts, one under the 29th and the other under the 32nd section, Wag. Stat., p. 449. The second count of the indictment alleged that defendants, on the 23rd day of June, 1875, at, &c., upon the body of one Joseph Coulter, unlawfully, willfully and feloniously did make an assault, with intent him, the said Coulter, then and there feloniously, willfully and unlawfully to maim, disfigure and kill. No…
2Cases cited1 opinion
- Beasley v. StateSupreme Court of Alabama · 1851
3Cited by12 opinions
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- State v. ClaytonSupreme Court of Missouri · 1890
- State v. DimmickSupreme Court of Missouri · 1932
- Kreibohm v. YanceySupreme Court of Missouri · 1900
- State v. SmithSupreme Court of Missouri · 1894
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