State v. Furgerson
Supreme Court of Missouri
Appeal from Grundy Circuit Oourt. — IIon. Paris O. Steep, Judge. (1) Tbe indictment in this case is fatally defective in both, courts, (a) Tlie first count fails to show, or allege what tbe defendant “assaulted” the deceased “with,” or that he assaulted deceased “with” anything. And an intendment can not supply the deficiency.
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Appeal from Grundy Circuit Oourt. — IIon. Paris O. Steep, Judge. (1) Tbe indictment in this case is fatally defective in both, courts, (a) Tlie first count fails to show, or allege what tbe defendant “assaulted” the deceased “with,” or that he assaulted deceased “with” anything. And an intendment can not supply the deficiency. It was held that an indictment charging the defendant “then and there, without lawful authority, molest, disturb, and take into his possession” was fatally defective by reason of the omission of the word “did,” and that the court could not supply such omission by…
1Opinion of the CourtBurgess, J.
The defendant was convicted of the crime-of murder in the first degree, and his punishment fixed at-death, for having on the twenty-fifth day of March, 1897, at Grundy county, killed and murdered one Stephen G. Wilson with.an ax. He appeals.
The indictment leaving off the formal parts is as follows:
“The grand jurors for the State of Missouri, and from the body of Grundy county, duly impaneled, sworn and charged upon their oaths, present and charge that ope William Furgerson on the 25th day of March, 1897, at Grundy county, Missouri, in and upon one Stephen G. Wilson, then and there being…
2Cases cited3 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. StacySupreme Court of Missouri · 1890
- State v. EvansSupreme Court of Missouri · 1895
3Cited by29 opinions
- State v. MillerSupreme Court of Missouri · 1900
- State v. ColemanSupreme Court of Missouri · 1905
- State v. BrookshireSupreme Court of Missouri · 1963
- State v. StegnerSupreme Court of Missouri · 1918
- State v. ReppleySupreme Court of Missouri · 1919
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