Legal Opinion

State v. Spaugh

Supreme Court of Missouri

Decided November 20, 1906PublishedCited by 5 opinions

Appeal from Iron Circuit Court. — Eon. E. M. Dearing, Judge. (1) The information, which was duly sworn to by the prosecuting attorney, is sufficient. It follows the language of the statute, and the approved form; the second count was the one upon which defendant was convicted. State v. Chumley, 67 Mo'. 41; State v. Seward, 42 Mo. 206; Kelley’s Crim.

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Appeal from Iron Circuit Court. — Eon. E. M. Dearing, Judge. (1) The information, which was duly sworn to by the prosecuting attorney, is sufficient. It follows the language of the statute, and the approved form; the second count was the one upon which defendant was convicted. State v. Chumley, 67 Mo'. 41; State v. Seward, 42 Mo. 206; Kelley’s Crim. Law, sec. 579. (2) No error was committed by the trial court in admitting the evidence of Dr. Marshall to the effect that, in his opinion, a pair of brass, knucks was a deadly weapon. State v. McLaughlin, 149 Mo* 27. Neither was error committed in…

1Opinion of the CourtBurgess, P. J.

At the October term, 1904, of the circuit court of Iron county the defendant was convicted of an assault with intent to kill one Prank P. Ake, and his punishment fixed at two years imprisonment in the penitentiary, under an information filed against him by the prosecuting attorney of said county. He appeals.

The facts are, substantially, that Ake was passing *149a livery stable in Ironton, on Ms way to tbe railroad depot in that town, when defendant, wbo was there, said to Ake that he could wMp him. After some words between the parties, Ake went on to the depot, and upon Ms return he again passed…

2Cases cited2 opinions

  1. State v. SewardSupreme Court of Missouri · 1868
  2. State v. ChumleySupreme Court of Missouri · 1877

3Cited by5 opinions

  1. State v. SarkisSupreme Court of Missouri · 1958
  2. State v. HarrisSupreme Court of Missouri · 1908
  3. State v. BryantSupreme Court of Missouri · 1964
  4. State v. GotthardtSupreme Court of Missouri · 1976
  5. State v. MilesSupreme Court of Missouri · 1955

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