State v. Bateman
Supreme Court of Missouri
Appeal from Greene Criminal Court.—How. Jas. J. Gideon, Judge. (1) Instruction 1 does not properly declare the law. It was essential that the jury should he required to find, not only that the defendant intentionally made an assault upon the prosecuting witness, but also that at the time of making the assault he did so with the intent to deprive the owner of his property.
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Appeal from Greene Criminal Court.—How. Jas. J. Gideon, Judge. (1) Instruction 1 does not properly declare the law. It was essential that the jury should he required to find, not only that the defendant intentionally made an assault upon the prosecuting witness, but also that at the time of making the assault he did so with the intent to deprive the owner of his property. Instruction 3 is a mere abstract definition of the term “robbery,” and does not submit to the jury the question of the felonious intent; as above indicated, that must exist before the defendant can be convicted of the…
1Opinion of the CourtFox, J.
This cause is here upon appeal by the defendant from a judgment of conviction in the Greene County Criminal Court, for a assault with intent to rob one Charles R. Ingram. The offense of which the defendant was convicted, omitting formal parts, was thus charged in the information:
“Roscoe C. Patterson, prosecuting attorney, within and for the county of Greene, in the State of Missouri, informs the court that Ed. Bateman, on the 3rd day of September, A. D. 1903, at the said county of Greene and State of Missouri, did then and there feloniously make an assault in and upon the body of one Charles…
2Cases cited3 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- State v. HarveySupreme Court of Missouri · 1895
- State v. GravesSupreme Court of Missouri · 1905
3Cited by4 opinions
- State v. HubbardSupreme Court of Missouri · 1943
- State v. HagermanSupreme Court of Missouri · 1951
- State v. WashingtonSupreme Court of Missouri · 1962
- State v. WashingtonSupreme Court of Missouri · 1962