State v. Thompson
Supreme Court of Missouri
Appeal from Greene Circuit Court. This was an action against William Thompson. The indictment charges “that William Thompson, late of, &c., on, &c., with force and arms, in the county aforesaid, did then and there feloniously assault one James Davis with a certain handle of a hoe, a deadly weapon, by feloniously assaulting and striking him, the said Davis, with the said hoe handle, with intent, in so doing, him the said Davis then and there feloniously to maim, wound and…
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Appeal from Greene Circuit Court. This was an action against William Thompson. The indictment charges “that William Thompson, late of, &c., on, &c., with force and arms, in the county aforesaid, did then and there feloniously assault one James Davis with a certain handle of a hoe, a deadly weapon, by feloniously assaulting and striking him, the said Davis, with the said hoe handle, with intent, in so doing, him the said Davis then and there feloniously to maim, wound and disfigure, contrary,” &g. This indictment was quashed on motion of the defendant. I. Had defendant succeeded in wounding,…
1Opinion of the CourtScott, Judge
The thirty-eighth section of the second article of the act concerning crimes and punishment's, punishes all assaults made with intent to kill, or to commit any robbery, rape, burglary, manslaughter, or other felony. This indictment charges the defendant with having made a felonious assault with an intent feloniously to maim, wound and disfigure. A felonious maiming is a felony. The defendant is then *472charged with an assault with intent to commit a felony, and the indictment is within the words of the law.
Whether the offence laid in the indictment is a common assault and battery not indictable,…
2Cited by6 opinions
- State v. BondSupreme Court of Missouri · 1905
- State v. ClaytonSupreme Court of Missouri · 1890
- State v. DavisMissouri Court of Appeals · 1981
- State v. FosterSupreme Court of Missouri · 1920
- State v. BrownSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.