State v. Sundheimer
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The indictment is properly drawn under section 1250, Revised Statutes, defining manslaughter in the fourth degree. It was held in the State v. Embry, 78 Mo. 77, that the shooting of a human being unintentionally, but through negligence in handling a firearm, such as to indicate carelessness or recklessness, incompatible with a proper regard for human life, is manslaughter in the fourth degree.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The indictment is properly drawn under section 1250, Revised Statutes, defining manslaughter in the fourth degree. It was held in the State v. Embry, 78 Mo. 77, that the shooting of a human being unintentionally, but through negligence in handling a firearm, such as to indicate carelessness or recklessness, incompatible with a proper regard for human life, is manslaughter in the fourth degree. See also under this, head: State v. Vance, 17 Iowa 138; Beg. v. Jones, 12 Cox C. C. 628 ; State v. Hardie, 47 Iowa 647; Slate v. Fuller,…
1Opinion of the CourtRay, J.
Defendant herein was indicted in the circuit court of Cole county for manslaughter in the fourth degree. Omitting caption and signature of the prosecuting attorney, the indictment is as follows :
“The grand jurors for the state of Missoiiri, duly summoned, empaneled, sworn, and charged to inquire within and for the body of the county of Cole and state of Missouri, upon their oath, present and charge that Steffen Sundheimer, at the county of Cole, and state aforesaid, on the first day of January, A. D., 1886, did unlawfully, feloniously, and with culpable negligence, kill and slay William…
2Cases cited5 opinions
- State v. EmerySupreme Court of Missouri · 1883
- State v. SidesSupreme Court of Missouri · 1877
- Lester v. StateSupreme Court of Missouri · 1846
- State v. LakeySupreme Court of Missouri · 1877
- State v. ReakeyMissouri Court of Appeals · 1876
3Cited by4 opinions
- State v. StringerSupreme Court of Missouri · 1948
- State v. KeerlMontana Supreme Court · 1904
- State v. MurraySupreme Court of Missouri · 1895
- Bostic v. RivesCourt of Appeals for the D.C. Circuit · 1939