State v. Hagan
Supreme Court of Missouri
Appeal from Perry Circuit Court. — lion. H. G. Riley, Judge. (1) The indictment is insufficient; the word “die” can not be construed “died” or “did die.” The death of the assaulted party is a’necessary allegation in the indictment and can not be supplied by intendment. State v. Eurgerson, 152 Mo. 92, 63 S. W. 101; State v. Eector, 126 Mo. 328. (2) Instruction 2, asked by defendant, presented the law as appli-' cable to the facts in this case, and should have been given.
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Appeal from Perry Circuit Court. — lion. H. G. Riley, Judge. (1) The indictment is insufficient; the word “die” can not be construed “died” or “did die.” The death of the assaulted party is a’necessary allegation in the indictment and can not be supplied by intendment. State v. Eurgerson, 152 Mo. 92, 63 S. W. 101; State v. Eector, 126 Mo. 328. (2) Instruction 2, asked by defendant, presented the law as appli-' cable to the facts in this case, and should have been given. The threats of deceased against defendant were admissible to characterize the acts of deceased and for the purpose of…
1Opinion of the CourtSherwood, P. J.
— The defendant was indicted, for the murder of one Edward Harr, by shooting him to death with a revolver. Florence Harr, the widow of deceased, was joined in the indictment with, defendant, but on a trial previous to his, was acquitted. The jury found defendant guilty ■of murder in the second degree and assessed his punishment at thirty years in the penitentiary and he appeals.
The indictment in question was, in the charging part, as follows: “Do present and charge that Augustin Hagan and Florence Harr, late of the county aforesaid, on the twenty-eighth day of April, 1899, at and in the…
2Cases cited7 opinions
- State v. YoungSupreme Court of Missouri · 1894
- Edmondson v. StateTexas Supreme Court · 1874
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. GritznerSupreme Court of Missouri · 1896
- State v. FurgersonSupreme Court of Missouri · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ChurchSupreme Court of Missouri · 1906
- State v. BartlettSupreme Court of Missouri · 1902
- Larson v. StateSupreme Court of Missouri · 1969
- State v. WilsonSupreme Court of Missouri · 1903
- State v. HallMissouri Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.