State v. Robertson
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Row. Nat. M. Shelton, Judge. (1) The information avers and charges that defendant made an' assault upon deceased with a pistol loaded with gunpowder and a leaden bullet.
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Appeal from Adair Circuit Court. — Row. Nat. M. Shelton, Judge. (1) The information avers and charges that defendant made an' assault upon deceased with a pistol loaded with gunpowder and a leaden bullet. The evidence is conclusive that at the first discharge of the pistol a leaden ball was discharged therefrom, and that said ball did not strike the deceased, but did strike the window; then, after the first fire, the pistol, so far as the information is concerned, was only loaded with gunpowder and as such could not be a deadly weapon, and the State ought not to be permitted to introduce any…
1Opinion of the CourtGantt, P. J.
From a conviction of murder in the first degree in the circuit court of Adair county, the defendant prosecutes this appeal.
The prosecution is by information filed by the prosecuting attorney verified by his affidavit.
The information, save in one immaterial point, is in the usual form, long approved, and it is unnecessary to set it forth at length. The arraignment was regular, and no complaint is made as to the selection and impaneling of the jury.
*500The information charges that defendant on the 13th day of November, 1902, at the county of Adair in this State, willfully, deliberately,…
2Cases cited5 opinions
- State v. SmithSupreme Court of Missouri · 1893
- State v. SneedSupreme Court of Missouri · 1887
- State v. RobinsonSupreme Court of Missouri · 1880
- State v. PettitSupreme Court of Missouri · 1894
- State v. BarutioSupreme Court of Missouri · 1899
3Cited by3 opinions
- State v. KenyonSupreme Court of Missouri · 1939
- State v. WeagleySupreme Court of Missouri · 1921
- State v. MillerSupreme Court of Missouri · 1915