State v. Howell
Supreme Court of Missouri
Appeal from Linn Circuit Court.—Hon. Gf. D. Burgess, Judge. (1) The third count of the indictment either charges that Nettie Hall killed and murdered Joseph A. Howell, the defendant, or else it is meaningless. It does not charge that the defendant killed Nettie Hall, and, therefore, the motion to quash that count should have been sustained by the court.
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Appeal from Linn Circuit Court.—Hon. Gf. D. Burgess, Judge. (1) The third count of the indictment either charges that Nettie Hall killed and murdered Joseph A. Howell, the defendant, or else it is meaningless. It does not charge that the defendant killed Nettie Hall, and, therefore, the motion to quash that count should have been sustained by the court. State v. Edwards, 70 Mo. 480. (2) The fourth instruction given by the court for the state is a mere abstraction for the most part; incomplete in itself, and obviously calculated to mislead the jury. The state’s sixth instruction is incorrect…
1Opinion of the CourtRay, C. J.
In this case the defendant, Joseph A. Howell, was indicted for th e murder of “Nettie Hall.” The indictment contains three counts. The first charges that defendant sho t and killed Nettie Hall, with a revolving pistol. The second charges, in substance, that defendant, with some heavy instrument or weapon, to the jurors unknown, did forcibly strike and beat the said Nettie Hall, crushing, fracturing and breaking her skull, giving her a mortal wound of which she instantly died. The third count, in effect, charges that defendant assaulted said Nettie Hall, in some way and manner, and by some…
2Cases cited11 opinions
- State v. AlexanderSupreme Court of Missouri · 1877
- State v. GlahnSupreme Court of Missouri · 1888
- Walker v. StateTexas Supreme Court · 1874
- People v. Fong Ah SingCalifornia Supreme Court · 1883
- Howard v. StateIndiana Supreme Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. BagbySupreme Court of Missouri · 1936
- State v. MaloneSupreme Court of Missouri · 1931
- State v. PomeroyOregon Supreme Court · 1896
- State v. HubbardSupreme Court of Missouri · 1943
17 more not listed; retrieve them via the Exa API.