State v. Dooley
Supreme Court of Missouri
Appeal from Lafayette Criminal Cbwí.T — Hon. John E. Ryland, Judge. (1) The fifth instruction for the state is misleading, in that it leaves out of view the question of intent, which is the very essence of this case. (2) The fifth, seventh and ninth instructions for the state tend to confuse the jury as to what constitutes the offense charged, and give the jury to understand that they may convict, regardless of the intent with which the assault was made.
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Appeal from Lafayette Criminal Cbwí.T — Hon. John E. Ryland, Judge. (1) The fifth instruction for the state is misleading, in that it leaves out of view the question of intent, which is the very essence of this case. (2) The fifth, seventh and ninth instructions for the state tend to confuse the jury as to what constitutes the offense charged, and give the jury to understand that they may convict, regardless of the intent with which the assault was made. (3) The eighth instruction given for the state is not warranted by the evidence. Evans, if constable at all, was constable of atownship in…
1Opinion of the CourtGantt, P. J.
On the fifteenth of June, 1892, Mrs. Gus. Price was the owner of two horses, which were in the possession of the defendants at Sweet Springs. Mrs. Price resided at Higginsville, in LaFayette county, and had offered a reward for these horses. B. T. Bennett was city marshal of Higgins-ville, and George C. 'Evans constable in Davis township, in Lafayette county.
On the fifteenth of June, 1892, Gus Price was engaged in driving for the defendants on their bus line from the city of Sweet Springs to the well known water resort of the same name, close by. He drove the horses that belonged to his wife.…
2Cases cited8 opinions
- Oliver v. StateSupreme Court of Alabama · 1850
- Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
- State v. VanceSupreme Court of Iowa · 1864
- State v. ForsytheSupreme Court of Missouri · 1886
- Harrison v. StateSupreme Court of Alabama · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Davis v. United StatesSupreme Court of the United States · 1946
- Mark Atkinson v. City of Mountain ViewCourt of Appeals for the Eighth Circuit · 2013
- State v. ChevlinSupreme Court of Missouri · 1955
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
16 more not listed; retrieve them via the Exa API.