State v. Edwards
Supreme Court of Missouri
Appeal from Andrew Circuit Court. The case was tried before N. B. Giddings, Esq., sitting as Special Judge. 1. The instruction in relation to manslaughter in the second degree should not have been given. State v. Alexander, 66 Mo. 148; State v. Phillips, 24 Mo. 490; State v. Sloan, 47 Mo. 615; State v. Lane, 64 Mo. 324. 2. The indictment is uncertain, meaningless and absurd. 2 Bishop Crim. Proc., 552; 1 Wharton Prec. Indict. & Pleas, 115.
1Opinion of the Court
Hough, J. —
The indictment in this case is as follows : “The grand jurors of the Statu of Missouri, within and for the body of the county of Andrew, aforesaid, being duly impaneled, charged and sworn, upon their oaths present and charge that one Edward Edwards, late of said county, on the 28th day of February, A. D. 1878, in the county of Andrew, and State of Missouri, aforesaid, in and upon the body of one Aaron Dennis Ogle, there being, feloniously, willfully, deliberately, piremeditatediy, on purpose, and of his malice aforethought, did make an assault, and that the said Edward Edwards, a…
2Cases cited5 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. StarrSupreme Court of Missouri · 1866
- State v. HolmeSupreme Court of Missouri · 1873
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. BlanSupreme Court of Missouri · 1879
3Cited by23 opinions
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. EllisSupreme Court of Missouri · 1881
- State v. DuncanSupreme Court of Missouri · 1935
- State v. DierbergerSupreme Court of Missouri · 1888
- State v. WatsonSupreme Court of Missouri · 1888
18 more not listed; retrieve them via the Exa API.