State v. Wansong
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) The entire evidence was insufficient to support the verdict of guilty of the felony charged, assault with intent to kill, and the judgment should he reversed and appellant ordered discharged. When two or more persons conspire to fight another with their fists and one resorts to the use of a deadly or dangerous weapon without the other’s knowledge or consent, the other cannot he held responsible.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) The entire evidence was insufficient to support the verdict of guilty of the felony charged, assault with intent to kill, and the judgment should he reversed and appellant ordered discharged. When two or more persons conspire to fight another with their fists and one resorts to the use of a deadly or dangerous weapon without the other’s knowledge or consent, the other cannot he held responsible. State v. May, 142 Mo. 153; Kelley’s Crim. Law (3 Ed.), sec. 49, p. 49; 8 R. C. L., p. 226, sec. 222. (2) A person is not…
1Opinion of the CourtFaris, J.
Defendant was convicted in the circuit court of the city of St. Louis for assault with intent to kill one Herman Willy. His punishment was fixed by the jury at imprisonment in the penitentiary for a term of two years. From the resulting sentence he has appealed.
Defendant and one George Hunck (tried jointly with defendant and convicted, and likewise given two years in the penitentiary, but who died, as the brief herein avers,. pending this appeal), were employed as drivers for the *53Jersey Farm Dairy Company until a milk-drivers’ strike was called, whereupon they quit and joined the strikers.…
2Cases cited25 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. WalkerSupreme Court of Missouri · 1888
- State v. FairlambSupreme Court of Missouri · 1894
- State v. HolmeSupreme Court of Missouri · 1873
- State v. AlexanderSupreme Court of Missouri · 1877
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. WhalenSupreme Court of Missouri · 2001
- State v. GibilterraSupreme Court of Missouri · 1938
- State v. LaytonSupreme Court of Missouri · 1933
- State v. MartinSupreme Court of Missouri · 1953
- State v. LioliosSupreme Court of Missouri · 1920
9 more not listed; retrieve them via the Exa API.