State v. Janke
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The information is bad under either Sec. 4481 or 4482, R. S. 190-9', for the reason that it fails to charge that the assault was done with felonious intent. An intent to kill must be charged under either of those sections. State v. Clayton, 100- Mo. 516; State v. Norman, .136 Mo. 1. (2) Insufficiency of the information may be raised for the first time on appeal.
Read the full summary
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The information is bad under either Sec. 4481 or 4482, R. S. 190-9', for the reason that it fails to charge that the assault was done with felonious intent. An intent to kill must be charged under either of those sections. State v. Clayton, 100- Mo. 516; State v. Norman, .136 Mo. 1. (2) Insufficiency of the information may be raised for the first time on appeal. State v. Stowe, 132 Mo. 199; State v. Hall, 130 Mo. App. 170; State v. Nunely, 185 Mo. 102. (3) If the information is bottomed on section 4483, then instruction 1 is…
1Opinion of the Court
ROY, C.
At the December term, 1910, of the Howell Circuit Court, the defendant was convicted af felonious wounding, and sentenced to pay a fine of two hundred dollars, and has appealed.
The information is as follows: “O. F. Wayland, prosecuting attorney within and for the county of Howell, in the State of Missouri, informs the court that one, Edward Janke, on the 29th day of June, A. D. 1910, at the said county of Howell, did then and there willfully and unlawfully and feloniously make an assault on one W. Hoppe, and did then and there feloniously strike, choke and beat him the said W. Hoppe…
2Cases cited4 opinions
- State v. NieuhausSupreme Court of Missouri · 1909
- State v. BaileySupreme Court of Missouri · 1855
- State v. MooreSupreme Court of Missouri · 1877
- State v. MunsonSupreme Court of Missouri · 1882
3Cited by9 opinions
- State v. RitzMontana Supreme Court · 1922
- State v. BrowersSupreme Court of Missouri · 1947
- State v. GabrielSupreme Court of Missouri · 1923
- State v. WatsonSupreme Court of Missouri · 1947
- State v. WebbSupreme Court of Missouri · 1916
4 more not listed; retrieve them via the Exa API.