State v. Craighead
Supreme Court of Missouri
Appeal from Callaway Circuit Court. I. The indictment was sufficient, and the court committed no error in overruling the motion of defendant to quash. The indictment is framed under sec. 39, art. 2, Crimes and Punishments, R. C. 567, and charges the defendant with a felonious assault. Had death ensued from the wound inflicted by defendant, it would, under the averments of the indictment, have amounted to manslaughter in the third degree.
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Appeal from Callaway Circuit Court. I. The indictment was sufficient, and the court committed no error in overruling the motion of defendant to quash. The indictment is framed under sec. 39, art. 2, Crimes and Punishments, R. C. 567, and charges the defendant with a felonious assault. Had death ensued from the wound inflicted by defendant, it would, under the averments of the indictment, have amounted to manslaughter in the third degree. (R. O. 1855, p. 561, § 13.) Hence, so far as the indictment shows upon its face, (and the court cannot, on a motion to quash, examine into the evidence,) the…
1Opinion of the CourtBay, Judge
The defendant was indicted at the October term, 1860, of the Callaway Circuit Court, for a felonious assault upon one William T. Dunlop. The indictment was framed under the 39th sec. of art. 2 of the statute relating to Crimes and Punishments, and is in the words and figures following:
“ The grand jurors of the State of Missouri, empannelled, sworn and charged to inquire in and for the body of the county of Callaway, on their oaths present that heretofore, to-wit, on the first day August, 1860, at the county of Calla-way, one Stephen Craighead, without a design to effect death, and in the heat…
2Cited by7 opinions
- State v. GilliamSupreme Court of Missouri · 1961
- State v. EdwardsSupreme Court of Missouri · 1875
- State v. TollaSupreme Court of New Jersey · 1905
- State v. McConnellSupreme Court of Missouri · 1912
- State v. FlemingMissouri Court of Appeals · 1901
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