State v. Grimes
Missouri Court of Appeals
Appeal from the Newton Circuit Court, Hon. M-. G. McGregor, Judge. The indictment, in this case is bad for the reason it charges that both defendants, at the same time and place, and with one knife held in each of their right hands, made the assault, which is absurd and impossible. State v. Gray, 21 Mo. 492 ; State r>. Steely, 65 Mo. 222; 1 Chit. Crim. Law, 231; State v. Flint, 62 Mo. 393 ; State v. Hayioard, 83 Mo. 299.
1Opinion of the CourtThompson, J.
The defendants were jointly indicted for a felonious assault with intent to kill, under Revised Statutes, section 1262, were convicted of a common assault under the provisions of Revised Statutes, section 1655, and were sentenced each to pay a fine of one hundred dollars, and to be imprisoned in the county jail for a period of three months, as provided in Revised Statutes, section 1265.
I. The first question relates to the sufficiency of the indictment. It recites, “that Thomas Grimes and James Grimes, late of the county aforesaid, on or about the second day of November, 1886, at the county of…
2Cases cited5 opinions
- State v. PaytonSupreme Court of Missouri · 1886
- State v. BurkSupreme Court of Missouri · 1886
- State v. SteeleySupreme Court of Missouri · 1877
- State v. DaltonSupreme Court of Missouri · 1858
- State v. GraySupreme Court of Missouri · 1855
3Cited by8 opinions
- State v. DoyleSupreme Court of Missouri · 1891
- State v. FriedmanMissouri Court of Appeals · 1965
- State v. SurgeonSupreme Court of Missouri · 1970
- State v. HenrySupreme Judicial Court of Maine · 1904
- Mulloy v. StateNebraska Supreme Court · 1899
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