State v. Lakey
Supreme Court of Missouri
Appeal from Douglas Circuit Court.—-Hon. J. B. Woodside, Judge. The indictment is unquestionably good. The time and place of the assault is specifically set out at the beginning of the indictment, as having been committed at the county of Douglas and State of Missouri on the 16th day of May, 1874, and the cutting and killing are sufficiently set out in the use of the words “ then and there,” referring, as they necessarily do, to the time and place of the assault.
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Appeal from Douglas Circuit Court.—-Hon. J. B. Woodside, Judge. The indictment is unquestionably good. The time and place of the assault is specifically set out at the beginning of the indictment, as having been committed at the county of Douglas and State of Missouri on the 16th day of May, 1874, and the cutting and killing are sufficiently set out in the use of the words “ then and there,” referring, as they necessarily do, to the time and place of the assault. State v. Ames, 10 Mo. 743; Wells v. State, 8 Mo. 52 ; Wharton on Homicide §§ 791, 809.
1Opinion of the CourtHenry, J.
Defendant was indicted at a special term of the Douglas Circuit Court, held in July, 1874, for murder in the first .degree, in killing James Abner. The indictment, except in one particular, is faultless, but is fatally defective in omitting to state when and where Abner died. It alleges the striking and cutting of the deceased with a bowie knife, and then proceeds to charge “ that the said Eli Lakey, with the knife aforesaid, by the striking and cutting aforesaid did then and there give to him, the said James Abner, in and upon the said throat of him the said James Abner, one mortal wound of…
2Cases cited2 opinions
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Lester v. StateSupreme Court of Missouri · 1846
3Cited by7 opinions
- State v. HerrellSupreme Court of Missouri · 1888
- State v. BlanSupreme Court of Missouri · 1879
- State v. TestermanSupreme Court of Missouri · 1878
- Daniels v. StateSupreme Court of Florida · 1906
- State v. SundheimerSupreme Court of Missouri · 1887
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