State v. Webb
Supreme Court of Missouri
Appeal from Andrian Circuit Court. — Eon. James D. Barnett, Judge. (1) The verdict was against the law and the evidence. There was no felony committed.
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Appeal from Andrian Circuit Court. — Eon. James D. Barnett, Judge. (1) The verdict was against the law and the evidence. There was no felony committed. There was no felonious assault made, or proven, (a) As shown by the testimony of the prosecuting witness, Tugel, and- the two State witnesses, who saw the assault, Tugel was not struck with anything, except the fist of the defendant; and not in such a manner as to cause any apprehension in their minds, at the time, that Webb had any intention to kill, or do great bodily harm; or, that the natural and probable result of such blows, would likely…
1DissentFaris, J.
(dissenting) — I am unable to concur in the majority opinion herein for three reasons, which I briefly summarize thus:
First. The doctrine announced in this case breaks down the distinction between a common assault and battery and a felonious assault, whereby maiming, wounding, disfiguring and great bodily harm ensues.
Second. Instruction numbered seven under the facts here (the producing cause and nature of the battery regarded) is misleading, erroneous and harmful.
Third. Instruction three is broader than the information, in that it fails to confine the jury in their consideration of the…
2Cases cited23 opinions
- Rogers v. StateSupreme Court of Arkansas · 1894
- State v. NieuhausSupreme Court of Missouri · 1909
- Johnston v. StateSupreme Court of Missouri · 1841
- State v. DavisSupreme Court of Missouri · 1860
- State v. LeonardSupreme Court of Missouri · 1856
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