State v. Wood
Supreme Court of Missouri
Appeal from Lincoln Circuit Court.—Hon. E. M. Hughes, Judge. (1) The indictment does not charge that the assault complained of was made with a felonious intent, nor with an intent feloniously to kill. For that reason, it is defective. State v. Clayton, 100 Mo. 516; State v. Davis, 26 S. W. Rep. 568; 3 Chitty’s Crim. Law, p. 828; 2 Bishop’s Crim.
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Appeal from Lincoln Circuit Court.—Hon. E. M. Hughes, Judge. (1) The indictment does not charge that the assault complained of was made with a felonious intent, nor with an intent feloniously to kill. For that reason, it is defective. State v. Clayton, 100 Mo. 516; State v. Davis, 26 S. W. Rep. 568; 3 Chitty’s Crim. Law, p. 828; 2 Bishop’s Crim. Proc., secs. 77, 651, 652, 653, 654. (2) In the approved indictments since State v. Clayton, the intent has been charged “to feloniously kill.” State v. Flvins, 101 Mo. 243; State v. Doyle, 107 Mo. 36. (3) The approved indictments for assault with…
1Opinion of the CourtGantt, P. J.
This is an appeal from the Lincoln circuit court. The indictment is in the following words:
“State of Missouri,
County of Lincoln.
! ‘In the circuit court of Lincoln county, Missouri, at the-spring term, A. D. 1893.
“The grand jurors for the state of Missouri duly impaneled, sworn and charged to inquire within and for the body of the county of Lincoln and state of Missouri, upon their oath charge and present that *415Eobert Wood on or about tbe eighth day of January, A. D. 1893, at the county of Lincoln in the state of' Missouri, in and upon one William Shannon, feloniously, on purpose and 'of his…
2Cases cited4 opinions
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- State v. JonesSupreme Court of Missouri · 1885
3Cited by12 opinions
- State v. JonesSupreme Court of South Carolina · 1925
- State v. BaileyWashington Supreme Court · 1903
- State v. McPhailWashington Supreme Court · 1905
- State v. TempleSupreme Court of Missouri · 1906
- Weisenbach v. StateWisconsin Supreme Court · 1909
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