State v. Ramsey
Supreme Court of Missouri
Error to Stoddard Circuit Court. — Hon. R. P. Owen, Judge. The indictment is defective in its attempt to locate the alleged mortal wound. The averment is not only inconsistent, but is an impossible statement. 1 Bishop C. P., (3 Ed.) §§ 486, 488; 2 Bishop, §§ 522, 525; 1 Greenleaf Ev., 65; Comm. v. De Jardín, 126 Mass. 46 ; State v. Curran, 18 Mo. 320. It was error to admit the testimony of the witness Lance, as to the attack made by defendant on him.
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Error to Stoddard Circuit Court. — Hon. R. P. Owen, Judge. The indictment is defective in its attempt to locate the alleged mortal wound. The averment is not only inconsistent, but is an impossible statement. 1 Bishop C. P., (3 Ed.) §§ 486, 488; 2 Bishop, §§ 522, 525; 1 Greenleaf Ev., 65; Comm. v. De Jardín, 126 Mass. 46 ; State v. Curran, 18 Mo. 320. It was error to admit the testimony of the witness Lance, as to the attack made by defendant on him. State v. Goetz, 34 Mo. 91; State v. Daubert, 42 Mo. 246 ; State v. Harrold, 38 Mo. 496. The court should have allowed the witness Gillies to…
1Opinion of the CourtNorton, J.
The defendant was indicted for murder in the first degree at the September term, 1880, of the Stoddard couuty circuit court, and being put upon his trial at the September term, 1881, of said court was convicted of murder in the second degree, and brings the case before us on writ of error. The points made by counsel will be considered in the order made.
It is insisted that the indictment is insufficient m not locating the wound with certainty and because of repugnancy and inconsistency. Omitting the formal parts of the indictment it charges that: “ Defendant him, the said Charles Flint,…
2Cases cited8 opinions
- Cordell v. StateIndiana Supreme Court · 1864
- Dias v. StateIndiana Supreme Court · 1843
- State v. TestermanSupreme Court of Missouri · 1878
- State v. EdmundsonSupreme Court of Missouri · 1877
- State v. DearingSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. KenyonSupreme Court of Missouri · 1939
- State v. BrownSupreme Court of Missouri · 1904
- State v. DavisSupreme Court of Missouri · 1920
- State v. BuchlerSupreme Court of Missouri · 1890
- State v. FurgersonSupreme Court of Missouri · 1901
7 more not listed; retrieve them via the Exa API.