State v. Feaster
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. The indictment is sufficient. The facts and circumstances constituting the offence are averred in the indictment, and the expression “ under circumstances which would have constituted manslaughter if death had ensued” may be rejected as surplusage. (R. C. 1845, sec. 38, p. 351; Jennings v. The State, 9 Mo. 852.) It was not necessary to aver that the weapon used was a dangerous or a deadly one.
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Appeal from St. Clair Circuit Court. The indictment is sufficient. The facts and circumstances constituting the offence are averred in the indictment, and the expression “ under circumstances which would have constituted manslaughter if death had ensued” may be rejected as surplusage. (R. C. 1845, sec. 38, p. 351; Jennings v. The State, 9 Mo. 852.) It was not necessary to aver that the weapon used was a dangerous or a deadly one. This sufficiently appears from the description given in the indictment, and no more was required. (Jennings v. The State, 9 Mo. 852 ; 11 Mo. 579; The State v.…
1Opinion of the CourtRyland, Judge
The defendant Feaster was indicted at the March term of the Circuit Court for Hickory county, in the year 1855. At the September term he appeared to the indictment and filed his petition for a change of venue, which was granted and the venue changed to the Circuit Court of St. Clair county. At the October term, 1855, of the Circuit Court for St. Clair county, the parties appeared and the case was continued until the next term. At the May term, 1856, the defendant filed his demurrer to the indictment, which was overruled. The case was then continued from term to term until the March term,…
2Cited by6 opinions
- State v. HerrellSupreme Court of Missouri · 1888
- State v. WoodwardSupreme Court of Missouri · 1905
- Simmons v. StateSupreme Court of Florida · 1893
- State v. WilliamsSupreme Court of Missouri · 1904
- State v. EmerichSupreme Court of Missouri · 1885
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