State v. Dalton
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. John Dalton and Michael Gaughy were jointly indicted for a felonious assault, with intent to kill, upon one Charles llauf-meister.
Read the full summary
Appeal from St. Louis Criminal Court. John Dalton and Michael Gaughy were jointly indicted for a felonious assault, with intent to kill, upon one Charles llauf-meister. The second count of the indictment is as follows : “ And the grand jurors aforesaid, upon their oaths aforesaid, do further present that John Dalton and Michael Gaughy, late of St. Louis, in St. Louis county, on the thirtieth day of September, in tlie year of our Lord one thousand eight hundred and fifty-seven, at St. Louis county aforesaid, with force and arms, in and upon one Charles Haufmeister, in the peace of the state…
1Opinion of the CourtRichardson, Judge
There is no practical distinction in crime between principals in the first and second degree; for if two persons are charged as principals — one as the immediate perpetrator of the injury, and the other as aiding and abetting — it is immaterial which of them is charged as having inflicted the wound or struck the blow, inasmuch as the law imputes the injury given by one as the act of the other. (Whart. Crim. Law, 117.) So that an indictment that A. gave the blow and B. was present and abetting, is sustained by evidence that B. gave the blow and A. was present and abetting. (1 East P. C. 350; 1…
2Cited by12 opinions
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- State v. McKnightNew Mexico Supreme Court · 1915
- Turner v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. CampbellSupreme Court of Connecticut · 1918
- Arnold v. StateSupreme Court of Georgia · 1908
7 more not listed; retrieve them via the Exa API.