State v. Agee
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. This is an indictment charging the defendant with shooting at one George Gartin, in a case and under circumstances which would have constituted manslaughter if death had ensued. Defendant was convicted and appealed to this court.
1Opinion of the CourtSherwood, C. J.
I.- As the record shows no arraignment of defendant, this, under repeated adjudications, must accomplish the reversal of the judgment.
II. But notwithstanding that the judgment must be reversed, it is necessary that we decide the main point which induced this appeal. It is insisted that as the testi - mony does not show that Gartin was wounded or anywise injured by the pistol shot fired at him by defendant, that, therefore, the conviction could not stand, even had the defendant been duly arraigned. The indictment is framed under 1 Wag. Stat., sec. 38, p. 450. That section is as follows : “ If…
2Cases cited1 opinion
- State v. MooreSupreme Court of Missouri · 1877
3Cited by11 opinions
- State v. RogersNew Mexico Supreme Court · 1926
- State v. MulhallSupreme Court of Missouri · 1906
- State v. FineSupreme Court of Missouri · 1929
- State v. O'KelleySupreme Court of Missouri · 1914
- State v. WebbSupreme Court of Missouri · 1916
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