State v. Greenhalgh
Supreme Court of Missouri
Error to Cooper Circuit Court. I. The court erred in overruling the demurrer. (State v. Jackson, 17 Mo. 544State v. Leonard, 22 Mo. 449; 1 Chit. C. L. 249; 3 T. K. 106; 1 Chit. PI. 227; Steph. PI. 318 ; 7 Wend. 129 ; 10 Johns. 289.) II. The court erred in overruling defendant’s motion in arrest of judgment. The provision of the statute upon which the indictment is founded does not include the use of fire-arms as an aggravated or indictable offence, unless a shot be fired.
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Error to Cooper Circuit Court. I. The court erred in overruling the demurrer. (State v. Jackson, 17 Mo. 544State v. Leonard, 22 Mo. 449; 1 Chit. C. L. 249; 3 T. K. 106; 1 Chit. PI. 227; Steph. PI. 318 ; 7 Wend. 129 ; 10 Johns. 289.) II. The court erred in overruling defendant’s motion in arrest of judgment. The provision of the statute upon which the indictment is founded does not include the use of fire-arms as an aggravated or indictable offence, unless a shot be fired. (R. C. 1845, p. 350, sec. 34; Ros. Crim. Ev. 776; 1 Ros. on Crimes, 720.) The offence charged is only punishable in a…
1Opinion of the CourtRylaND, Judge
The defendant was indicted for a felonious assault upon the •body of John Crawford with a gun with an intent to kill. The *375defendant appeared to the indictment and filed his demurrer, which was overruled ; he then pleaded not guilty — was tried and convicted. He then filed his motion in arrest of judgment, which being overruled he brings the case here. There are five counts in this indictment. The third count is as follows : ■ “And the jurors aforesaid, upon their oath aforesaid, do further present, that the said James Greenhalgh, late of said county of Cooper, on the twenty-fourth day of…
2Cases cited1 opinion
- State v. JordanSupreme Court of Missouri · 1853
3Cited by4 opinions
- State v. ClaytonSupreme Court of Missouri · 1890
- State v. SchlossSupreme Court of Missouri · 1887
- State v. HoffmanSupreme Court of Missouri · 1883
- State v. GitaitisSuperior Court of Delaware · 1963