State v. Phelan
Supreme Court of Missouri
Appeal from Stoddard Circuit Court.—Hon. R. P. Owen, Judge. cited Const. H. S. 6th amendment; Const. Mo. § 18 of Bill of Rights ; Bishop’s Stat. Crimes §§ 370, 374; 1 Bishop Grim. Proceed. (2 Ed.) §§ 77, 78, 593 et seq; State v. Stubblefield, 32 Mo. 563 ; Beasley v. State, 18 Ala. 535; Commonwealth v. Stout, 7 B. Monroe 247; 1 Bishop Crim. Proceed.
Read the full summary
Appeal from Stoddard Circuit Court.—Hon. R. P. Owen, Judge. cited Const. H. S. 6th amendment; Const. Mo. § 18 of Bill of Rights ; Bishop’s Stat. Crimes §§ 370, 374; 1 Bishop Grim. Proceed. (2 Ed.) §§ 77, 78, 593 et seq; State v. Stubblefield, 32 Mo. 563 ; Beasley v. State, 18 Ala. 535; Commonwealth v. Stout, 7 B. Monroe 247; 1 Bishop Crim. Proceed. (2 Ed.) § 598 and note; Bryan v. State, 45 Ala. 86; State v. Comfort, 5 Mo. 357; State v. Harris, 34 Mo. 347; State v. Vaughan, 26 Mo. 29 ; State v. Chandler, 24 Mo. 371; Wag. Stat. 445 § 1, 449 § 32; Lester v. State 9 Mo. 658 ; State v. Johnston,…
1Opinion of the CourtNorton, J.
The only point for consideration in this case is the sufficiency of the indictment. The indictment charges that defendant, on &c., at &c., “ wilfully, feloniously, on purpose, and of his malice aforethought, unlawfully did shoot at one Peter White, with a pistol, which said pistol was then and there a deadly weapon, and loaded and charged with gunpowder and leaden bullets, with intent then and there the said' Peter White wilfully, feloniously, on purpose and of his malice aforethought to kill and murder,” &e.
The indictment is framed under sec. 29, 1 Wag. Stat., 449, which provides “that every…
2Cited by6 opinions
- State v. BondSupreme Court of Missouri · 1905
- State v. DoyleSupreme Court of Missouri · 1891
- State v. FosterSupreme Court of Missouri · 1920
- State v. MeadowsSupreme Court of Missouri · 1900
- Chamberlain v. HeardMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.