State v. Mitchell
Supreme Court of Missouri
Appeal from Clinton Circuit Court . — Hon. A. D. Burnes, Judge. (1) The information fails to show or allege that an assault was made on Warren, or that he was assaulted with anything. It fails to allege that Warren was in the house at any time, before or at the time the shot was fired. An intendment can not supply the deficiency, for in criminal prosecutions everything constituting the offense must be set forth with certainty and clearness.
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Appeal from Clinton Circuit Court . — Hon. A. D. Burnes, Judge. (1) The information fails to show or allege that an assault was made on Warren, or that he was assaulted with anything. It fails to allege that Warren was in the house at any time, before or at the time the shot was fired. An intendment can not supply the deficiency, for in criminal prosecutions everything constituting the offense must be set forth with certainty and clearness. State v. Rector, 126 Mo. 328; State v. Evans, 128 Mo. 406; State v. Dougherty, 30 Tex. 360.. (2) The trial court erred in its instruction to the jury as…
1Opinion of the CourtGantt, J.
Defendant was tried upon an information filed by the prosecuting attorney of Clinton county at the May term, 1901, and convicted of an attempt to murder John 0. Warren. His punishment was assessed at five years in the penitentiary. The information is in the following words:
“State of Missouri, County of Clinton, ss.
“La the Circuit Court of Clinton County, Missouri, May term, 1901.
"State of Missouri, vs. “Newton Mitchell.
“Thomas W. Walker, prosecuting attorney within and for the county of Clinton in the State of Missouri, upon his oath informs the court, that Newton Mitchell, late of the county…
2Cases cited5 opinions
- State v. WilsonSupreme Court of Connecticut · 1862
- Commonwealth v. BonnerMassachusetts Supreme Judicial Court · 1867
- Kunkle v. StateIndiana Supreme Court · 1869
- Commonwealth v. ShermanMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. JacobsMassachusetts Supreme Judicial Court · 1864
3Cited by28 opinions
- United States v. Martin Molina Oviedo, Jr.Court of Appeals for the Fifth Circuit · 1976
- Hardy v. StateCourt of Appeals of Maryland · 1984
- United States v. ThomasUnited States Court of Military Appeals · 1962
- State v. TaylorSupreme Court of Missouri · 1939
- State v. YoungSupreme Court of Iowa · 2004
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