State v. McNamara
Supreme Court of Missouri
Appeal from Montgomery Circuit Court.—Hon. E. M. Hughes, Judge. (1) The court erred in allowing the indictment withdrawn, amended and changed. R. S. 1879, sec. 1798. (2) The instructions given by the court were erroneous in that they assumed that Geo. Woods did not attack the defendant, but merely restrained him and also assumed that defendant was in the act of committing a felonious assault upon some other person.
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Appeal from Montgomery Circuit Court.—Hon. E. M. Hughes, Judge. (1) The court erred in allowing the indictment withdrawn, amended and changed. R. S. 1879, sec. 1798. (2) The instructions given by the court were erroneous in that they assumed that Geo. Woods did not attack the defendant, but merely restrained him and also assumed that defendant was in the act of committing a felonious assault upon some other person. Beck v. Ritchey, 66 Mo. 114; Russell v. Minteer, 83 111. 150; Boddie v. State, 52 Ala. 895; Snyder v. State, 59 Ind. 105; State v. Wheeler, 79 Mo. 366. (3) The court erred in not…
1Opinion of the CourtBrace, J.
At the April term, 1887, of the circuit court of Montgomery county, the defendant was indicted under section 1262, Revised Statutes, 1879, for shooting at one George W. Woods, “on purpose and with malice aforethought,” with a loaded pistol with intent to kill, and at the same term was found guilty of assault with intent to kill under section 1263, and his punishment assessed at imprisonment in the penitentiary for two years. From the sentence and judgment on the verdict he appeals.
The shooting took place at a school meeting in the district on the fifth of April, 1887, when an election *104was…
2Cases cited14 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. SloanSupreme Court of Missouri · 1871
- State v. AlexanderSupreme Court of Missouri · 1877
- State v. HundleySupreme Court of Missouri · 1870
- State v. EatonSupreme Court of Missouri · 1882
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3Cited by24 opinions
- Hays v. HoganSupreme Court of Missouri · 1917
- Kinard v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Kreiner v. United StatesCourt of Appeals for the Second Circuit · 1926
- State v. DusenberrySupreme Court of Missouri · 1892
- Cahill v. PeopleSupreme Court of Colorado · 1943
19 more not listed; retrieve them via the Exa API.