State v. Laycock
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. 0. 0. Bland, Judge. (1) The indictment does not aver and charge that the weapon used on Hopkins was a deadly or dangerous one, and one likely to produce death or great bodily harm, as the law requires, and is therefore bad, and the lower court should have granted a new trial.
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Appeal from Phelps Circuit Court. — Hon. 0. 0. Bland, Judge. (1) The indictment does not aver and charge that the weapon used on Hopkins was a deadly or dangerous one, and one likely to produce death or great bodily harm, as the law requires, and is therefore bad, and the lower court should have granted a new trial. R. S. 1889, sec. 3489. (2) The trial court erred in admitting J. M. Diehl to testify over the objections of the defendant’s attorney of an impeaching question when he could not fix the time. After Diehl testified the court excluded his evidence, but it had done its work to mislead…
1Opinion of the CourtBtjbgess, J.
— At the September term, 1895, of the circuit court of Phelps county, defendants and one George Layeoek were jointly indicted by the grand jury of said county for assault with intent to kill one William Hopkins, on purpose and with malice aforethought. At the September term, 1896, of said court the defendants herein were tried and convicted, and the punishment of each fixed at two years’ imprisonment in the penitentiary. From the judgment and sentence they appeal.
It appears from the record that on the evening of the eighteenth of September, 1895, there was a party at the residence of one Fred…
2Cases cited2 opinions
- State v. NelsonSupreme Court of Missouri · 1896
- State v. KeeleSupreme Court of Missouri · 1891
3Cited by6 opinions
- State v. HarrisSupreme Court of Missouri · 1908
- State v. KeenerSupreme Court of Missouri · 1910
- Nelson v. CommonwealthSupreme Court of Virginia · 1925
- State v. YandellSupreme Court of Missouri · 1907
- People v. OcasioSupreme Court of Puerto Rico · 1922
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