State v. Harney
Supreme Court of Missouri
Appeal from LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1 ) It is not necessary to charge an- assault. 2 Bishop’s Grim. Proc., sec. 955. (2) The indictment charges acts which constitute an attempt. 1 Bish. Crim.
Read the full summary
Appeal from LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1 ) It is not necessary to charge an- assault. 2 Bishop’s Grim. Proc., sec. 955. (2) The indictment charges acts which constitute an attempt. 1 Bish. Crim. Law, secs. 742, 767, 768c2, 772a/ Bish Stat. Crimes, secs. 496, 499 ; Bishop’s Directions and Forms, sec. 913; State v. Hayes, 78 Mo. 307; 1 Russ, on Crimes [9 Ed.] 83, et seq.; Com. v. Jacobs, 9 Allen, 274 ; People v. Bush, 4 Hill. 133; 11 Mo. 116. In Bishop on Directions and Forms, section 913, above cited, it is stated that the mere solicitation of a child under the…
1Opinion of the CourtBrace, J.
This is an appeal by the state from the judgment of the criminal court of LaFayette county, quashing an indictment against the defendant — charging that the said “Benjamin Harney, on the sixth day of August, A. D. 1887,'at the county of LaFayette and state of Missouri, did attempt, feloniously, to carnally and unlawfully know and abuse one Allie Hargrave, who was then and there a female child under the age of twelve years, to-wit, of the age of ten years, and in said attempt, and in pursuance thereof and towards the commission of said offense, the said Benjamin Harney did then and there move,…
2Cited by14 opinions
- State v. BowlesSupreme Court of Kansas · 1905
- State v. DavisSupreme Court of Missouri · 1928
- Ishee v. StateMississippi Supreme Court · 2001
- State v. BaxleySupreme Court of Louisiana · 1994
- McEwing v. StateTennessee Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.