State v. Bohannon
Supreme Court of Missouri
Appeal from. Laclede Circuit Court. The defendant was indicted under the 38th section of the 2d article of the act concerning crimes and punishments, (R. 0. 1845.) The indictment charged that the defendant, “ on the 1st day of January, 1852, with force and arms, at the county of Laclede aforesaid, in and upon one Dyson Lovelace, in the peace of the state then and there being, unlawfully and felo-niously an assault did make, and that the said Bohannon did then and there, with…
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Appeal from. Laclede Circuit Court. The defendant was indicted under the 38th section of the 2d article of the act concerning crimes and punishments, (R. 0. 1845.) The indictment charged that the defendant, “ on the 1st day of January, 1852, with force and arms, at the county of Laclede aforesaid, in and upon one Dyson Lovelace, in the peace of the state then and there being, unlawfully and felo-niously an assault did make, and that the said Bohannon did then and there, with force and arms, unlawfully and feloniously, and with a certain rock, which he, the said Bohannon, in Ms right hand then…
1Opinion of the CourtRyland, Judge
This indictment is under the 38th section of the 2d article of" the act concerning crimes and punishments, (R. C. 1845,) and' is good and sufficient under that section. There is no necessity to aver malice aforethought. The indictment is not drawn under the 33d section, but under the 38th, and there is no pre-tence for supposing the indictment not good and sufficient. It would puzzle any criminal pleader to draw a better indictment under this 38th section.
At this term of the court, we had another case before us-complaining of the insufficiency of the indictment under this-same section, (The…
2Cases cited3 opinions
- State v. MagrathSupreme Court of Missouri · 1854
- Jennings v. StateSupreme Court of Missouri · 1846
- Carrico v. StateSupreme Court of Missouri · 1848
3Cited by3 opinions
- State v. NieuhausSupreme Court of Missouri · 1909
- State v. GabrielSupreme Court of Missouri · 1923
- State v. Van ZantSupreme Court of Missouri · 1880