State v. Drumm
Supreme Court of Missouri
Appeal from Buchanan. Criminal Court. — Son. B. J. Gasteel, Judge. (1) There was no evidence that the iron bar or gas pipe mentioned in evidence was a deadly and dangerous weapon, or that it was “a large piece of gas pipe,” and the court therefore erred in submitting these questions to the jury in its instructions numbered 2, 3 and 11, and refusing the instruction asked by defendant on common assault.
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Appeal from Buchanan. Criminal Court. — Son. B. J. Gasteel, Judge. (1) There was no evidence that the iron bar or gas pipe mentioned in evidence was a deadly and dangerous weapon, or that it was “a large piece of gas pipe,” and the court therefore erred in submitting these questions to the jury in its instructions numbered 2, 3 and 11, and refusing the instruction asked by defendant on common assault. State v. Jackson, 126 Mo. 516. (2) Defendant was convicted under the second count of the indictment charging assault with a deadly and dangerous weapon. The court, instructing the jury under…
1Opinion of the CourtBuegess, J.
On the 10th day of July, 1899, the defendant was convicted in the criminal court of Buchanan county under the second count of an indictment in which he is charged with having feloniously struck, cut and beat one Harvey E. Lewis, with a certain large iron pipe, of the length of four feet and of the weight of four pounds then and there being a dangerous weapon and then and there cutting, beating and bruising him, whereby the said Lewis was maimed and disfigr. od and received great bodily harm. His punishment was fixed at two years’ imprisonment in the. penitentiary. He appeals.
On the evening of…
2Cases cited1 opinion
- State v. . ShieldsSupreme Court of North Carolina · 1892
3Cited by5 opinions
- State v. RuckSupreme Court of Missouri · 1906
- State v. BrownSupreme Court of Missouri · 1952
- State v. DunnSupreme Court of Missouri · 1909
- People v. RussellCalifornia Court of Appeal · 1912
- State v. JonesSupreme Court of New Jersey · 1935