State v. Gilbert
Supreme Court of Missouri
Jlppeal from Polk Circuit Court. cited State v. Murdock, 9 Mo. 730; Lucy (a slave) v. The State, 8 Mo. 134; 7 Mo. 183 ; State v. Comfort, 5 Mo. 357; The State v. Helm, 6 Mo. 263.
1Opinion of the CourtScott, Judge
The defendant, a slave, was indicted under the 57th section of the 3d article of the act concerning Crimes and Punishments, for wilfully and maliciously cutting the throat of a mare, the property of Charles Crane, whereby she was killed. After a trial and conviction, a motion was made in arrest of judgment, *381on the ground of defects in the indictment. This motion was overruled, and an appeal was taken to this court.
The indictment was for a felony, and was clearly bad for want of the word “feloniously.” Nothing is better settled than that in all indictments for felonies, the criminal act must…
2Cases cited1 opinion
- State v. MurdockSupreme Court of Missouri · 1846
3Cited by4 opinions
- State v. MurphySupreme Court of Rhode Island · 1892
- State v. McGrathSupreme Court of Missouri · 1910
- State v. VonderauSupreme Court of Missouri · 1969
- State v. DixonSupreme Court of Missouri · 1913