State v. Tooker
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Him. Asbury Burkhead, Judge. The evidence abundantly shows that the prosecuting witness was drunk and disorderly and, when drunk, dangerous and quarrelsome; that Tooker, the defendant, was in charge of the station, and bound to protect the public from insult and annoyance. Under this evidence the instruction marked “refused” should have been given, or at least its substance in some form.
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Appeal from Christian Circuit Court. — Him. Asbury Burkhead, Judge. The evidence abundantly shows that the prosecuting witness was drunk and disorderly and, when drunk, dangerous and quarrelsome; that Tooker, the defendant, was in charge of the station, and bound to protect the public from insult and annoyance. Under this evidence the instruction marked “refused” should have been given, or at least its substance in some form. (1) By reason of the failure of the defendant to except to the overruling of the motion to quash the information, on account of the insufficiency of the verification,…
1Opinion of the CourtFox, J.
The information in this case was filed on January 13, 1904, in the circuit court of Christian county, Missouri, by the prosecuting attorney, charging the defendant, L. M. Tooker, with feloniously assaulting, with intent to kill, one Frank Farris, in Billings, said county and State, upon the 24th day of December, 1903. The information was verified by the prosecuting witness, Frank Farris, and it charged the defendant with striking said Farris with a stove poker.
The defendant was arrested and filed a motion to quash the information, which motion was by the court overruled, and the defendant was…
Also in this document: Concurrence.
2Cases cited8 opinions
- State v. WallSupreme Court of Missouri · 1851
- State v. VincentSupreme Court of Missouri · 1887
- State v. ShoultzSupreme Court of Missouri · 1857
- State v. GeeSupreme Court of Missouri · 1883
- State v. FrakerSupreme Court of Missouri · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. WooleySupreme Court of Missouri · 1909
- State v. SettleSupreme Court of Missouri · 1932
- State v. PippeySupreme Court of Missouri · 1934
- State v. HendersonSupreme Court of Missouri · 1912
- State v. SpidleSupreme Court of Missouri · 1938
2 more not listed; retrieve them via the Exa API.