Legal Opinion

State v. Ma Foo

Supreme Court of Missouri

Decided March 28, 1892PublishedCited by 24 opinions

Appeal from Franklin Circuit Comt. — Hon. R. Hiezell, Judge. (1) The court erred in giving instructions, numbered 1 and 2, as to what constitutes mayhem and the sufficiency of the testimony necessary to convict. R. S. 1889, secs. 3488-9, 3491; 1 Russell on Crimes, p. 583. (2) The court erred in giving instruction, numbered 4. State v. Leak, Phill.

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Appeal from Franklin Circuit Comt. — Hon. R. Hiezell, Judge. (1) The court erred in giving instructions, numbered 1 and 2, as to what constitutes mayhem and the sufficiency of the testimony necessary to convict. R. S. 1889, secs. 3488-9, 3491; 1 Russell on Crimes, p. 583. (2) The court erred in giving instruction, numbered 4. State v. Leak, Phill. (N. C.) p. 450; 1 Russell on Crimes, p. 582-3; State v. North, 95 Mo. 615; State v. Stewarl, 29 Mo. 419; State v. Warden, 94 Mo. 648. (3) The court erred in its instruction on defendant’s flight. State p. Brooks, 92 Mo. 542; State v. Griffin, 87 Mo.…

1Opinion of the CourtGantt, P. J.

Defendant was indicted under the name of Annie Baker. Under this name she prayed a change of venue, and, upon it being granted, she signed bond for appearance in Franklin circuit court. In the Franklin court she alleged her true name was Annie Ma Foo, and the proceedings were afterwards conducted accordingly.

She was indicted at the January term, 1891, of St. Louis criminal court, for mayhem under section 3488. The indictment was in three counts, the first two for mayhem differing only in the corrosive fluid used, and the third charged a felonious assault. At the close of the testimony the…

2Cases cited7 opinions

  1. State v. BrooksSupreme Court of Missouri · 1887
  2. Miller v. StateWisconsin Supreme Court · 1870
  3. State v. GriffinSupreme Court of Missouri · 1885
  4. Commonwealth v. NealMassachusetts Supreme Judicial Court · 1813
  5. State v. . WilliamsSupreme Court of North Carolina · 1871

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. IsaSupreme Court of Missouri · 1993
  2. State v. FairlambSupreme Court of Missouri · 1894
  3. State v. DesmondSupreme Court of Iowa · 1899
  4. State v. DrewSupreme Court of Missouri · 1904
  5. State v. MurphySupreme Court of Missouri · 1936

19 more not listed; retrieve them via the Exa API.

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