State v. Stewart
Supreme Court of Missouri
Appeal from Laclede Circuit Cowrt. This was an indictment for a felonious assault with intent to kill. The defendant moved the court to quash the indictment because it was not alleged that the offence was committed on purpose and of malice aforethought. The motion was overruled.
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Appeal from Laclede Circuit Cowrt. This was an indictment for a felonious assault with intent to kill. The defendant moved the court to quash the indictment because it was not alleged that the offence was committed on purpose and of malice aforethought. The motion was overruled. At tlie trial, the court, among other instructions, gave the following: “ The intention is incapable of ■proof; it can only be implied from overt acts; and the law presumes that every man intends the natural, necessary, and probable consequences of his acts; and if the jury believe from the evidence that the defendant…
1Opinion of the CourtNapton, Judge
The indictment in this case is deemed sufficient under the thirty-eighth section of chapter fifty of the act concerning crimes and punishments.
We are not satisfied, however, that the instructions presented the law in such a shape to the jury as to enable them to understand their duty. None of the instructions, which are given, made any exceptions in favor of justifiable assaults; and this omission may have been right enough and produced no harm, if, in truth, there was no evidence in the case which rendered it necessary to present such a hypothesis to the jury.
*421But the instruction in reference…
2Cited by8 opinions
- Simpson v. StateSupreme Court of Alabama · 1877
- State v. RogersNew Mexico Supreme Court · 1926
- State v. RodriguezNevada Supreme Court · 1909
- State v. McDonaldSupreme Court of Missouri · 1877
- State v. TempleSupreme Court of Missouri · 1906
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