State v. Brown

CourtUnited States State Supreme Court of Missouri
Citation68 S.W. 568,168 Mo. 449
PartiesSTATE v. BROWN.
Decision Date13 May 1902

Appeal from circuit court, Wayne county; Frank R. Dearing, Judge.

Sam Brown was convicted of murder, and appeals. Affirmed.

Rainey & Munger, for appellant. Edward C. Crow, Atty. Gen., for the State.

SHERWOOD, P. J.

Charged with the murder of George L. Richardson, defendant was found guilty of that offense in the first degree, and, after the usual motions, brings this cause here by appeal.

The indictment contains three counts, and is as follows: "State of Missouri, County of Wayne — ss.: In the Circuit Court, August Term, 1900. The grand jurors for the state of Missouri, duly impaneled, sworn, and charged to inquire within and for the body of the county of Wayne, in the state of Missouri, upon their oath do present and charge that Sam Brown and William Grant, on the 20th day of March, 1900, at and in said county of Wayne and state of Missouri, then and there in and upon the body of one George L. Richardson then and there being feloniously willfully, deliberately, premeditatedly, and of their malice aforethought did make an assault, and with a dangerous and deadly weapon, to wit, a gun, then and there loaded with gunpowder and leaden balls, which they, the said Sam Brown and William Grant, in their hands had and held, at and against him, the said George L. Richardson then and there feloniously, on purpose, and of their malice aforethought, willfully, deliberately, and premeditatedly did shoot off and discharge, and with the gun aforesaid and the leaden balls aforesaid then and there feloniously, on purpose, and of their malice aforethought, willfully, deliberately, and premeditatedly did shoot and strike him, the said George L. Richardson, in and upon the body of him, the said George L. Richardson, then and there, with the deadly weapon aforesaid, to wit, the gun aforesaid, and the gunpowder and the leaden balls aforesaid, in and upon the body of him, the said George L. Richardson, one mortal wound, of which mortal wound the said George L. Richardson then and there instantly died; and so the grand jurors aforesaid, upon their oath aforesaid, do say that the said Sam Brown and the said William Grant, him, the said George L. Richardson, in the manner and by the means aforesaid, feloniously, willfully, deliberately, premeditatedly, and of their malice aforethought did kill and murder, against the peace and dignity of the state. And so the grand jurors aforesaid, upon their oath aforesaid, do further present and charge that Sam Brown and William Grant, on the 20th day of March, 1900, at and in the county of Wayne, in the state of Missouri, then and there in and upon the body of one George L. Richardson then and there being feloniously, willfully, deliberately, premeditatedly, and of their malice aforethought did make an assault, and with a deadly and dangerous weapon, to wit, a certain iron weapon, and means, an exact description whereof to these jurors is unknown, which they, the said Sam Brown and William Grant, then and there in their hands had and held, then and there him, the said George L. Richardson, feloniously, deliberately, and premeditatedly did strike and beat him, the said George L. Richardson, on the head and body of him, the said George L. Richardson, thereby giving to him, the said George L. Richardson, then and there, with the dangerous and deadly weapon aforesaid, in and upon the body of him, the said George L. Richardson, certain mortal wounds, contusions, fractures, and bruises, of which said mortal wounds, contusions, fractures, and bruises the said George L. Richardson then and there instantly died; and so the grand jurors aforesaid, upon their oath aforesaid, do say that the said Sam Brown and the said William Grant him, the said George L. Richardson, in the manner and by the means aforesaid, feloniously, willfully, deliberately, premeditatedly, and of their malice aforethought did kill and murder, against the peace and dignity of the state. And so the grand jurors aforesaid, upon their oath aforesaid, do further present and charge that Sam Brown and William Grant, on the 20th day of March, 1900, at and in the said county of Wayne, and state of Missouri, then and there in and upon the body of one George L. Richardson then and there being feloniously, willfully, deliberately, premeditatedly, and of their malice aforethought did make and assault, and him, the said George L. Richardson, in some way and manner and by some means, instruments, and weapons to these jurors unknown, did then and there feloniously, willfully, deliberately, premeditatedly, and of their malice aforethought kill and murder and deprive of life, so that he, the said George L. Richardson, then and there died; and so the grand jurors aforesaid, upon their oath aforesaid, do say that the said Sam Brown and William Grant him, the said George L. Richardson, in some way and manner and by some means, instruments, and weapons to these jurors unknown, did then and there feloniously, willfully, deliberately, premeditatedly, and of their malice aforethought kill and murder, against the peace and dignity of the state. V. V. Ing, Prosecuting Attorney."

1. The first count is bad, because of lacking the words "thereby giving to him, the said George L. Richardson," or words of similar import. Lacking these words, this count does not directly charge that George L. Richardson was "given" a mortal wound. It is the inflexible rule in criminal pleadings that in all indictments for felonies nothing can be left to intendment or implication. State v. Rector, 126 Mo., loc. cit. 340, 341, 23 S. W. 1074 (minority opinion); State v. Furgerson, 152 Mo. 92, 53 S. W. 427; Id., 162 Mo. 668, 63 S. W. 101; State v. Hagan (Mo. Sup.) 65 S. W., loc. cit. 250, and authorities cited.

2. The second count is bad, because it omits to charge that the striking was done by...

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32 cases
  • State v. Holland, 39581.
    • United States
    • United States State Supreme Court of Missouri
    • November 5, 1945
    ......State v. Musick, 101 Mo. 260, 14 S.W. 212; State v. Good, 132 Mo. 114, 33 S.W. 790. (8) False statements of defendant as to the whereabouts of deceased. State v. Dickson, 78 Mo. 438; State v. Harris, 324 Mo. 223, 22 S.W. (2d) 802; State v. Brown, 168 Mo. 449, 68 S.W. 568. (9) Prior threats. State v. Grant, 79 Mo. 113; State v. Dickson, 78 Mo. 438. (10) Blood stains. 23 C.J.S., sec. 876, p. 92; State v. Dickson, 78 Mo. 438. (11) Defendant's failure to claim and bury body of deceased is circumstance for jury's consideration. State v. Myers, ......
  • State v. Holland
    • United States
    • United States State Supreme Court of Missouri
    • November 5, 1945
    ...... controverted or explained by defendant. State v. Musick, 101 Mo. 260, 14 S.W. 212; State v. Good, 132 Mo. 114, 33 S.W. 790. (8) False statements of. defendant as to the whereabouts of deceased. State v. Dickson, 78 Mo. 438; State v. Harris, 324 Mo. 223, 22 S.W.2d 802; State v. Brown, 168 Mo. 449, 68. S.W. 568. (9) Prior threats. State v. Grant, 79 Mo. 113; State v. Dickson, 78 Mo. 438. (10) Blood. stains. 23 C.J.S., sec. 876, p. 92; State v. Dickson, 78 Mo. 438. (11) Defendant's failure to. claim and bury body of deceased is circumstance for. jury's consideration. ......
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    ...contains all the fatal defects pointed out in cases cited below. State v. Woodard, 191 Mo. 629; State v. Birks, 199 Mo. 272; State v. Brown, 168 Mo. 449; State v. Williams, 184 Mo. 261; State v. Herrell, 97 Mo. 109; State v. Ferguson, 152 Mo. 92. In an indictment of information nothing can ......
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    • United States
    • United States State Supreme Court of Missouri
    • March 15, 1939
    ...... and without unlawful intent . . ." State v. Farrel, 320. Mo. 319, 327, 6 S.W.2d 857, 860(8), defines. "accident" and "misfortune" as "a. killing without intention to kill.". . .          Our. attention has been directed to State v. Brown. (1904), 181 Mo. 192, 202, 217, 79 S.W. 1111, 1113, 1117, a. case involving neither circumstantial evidence nor accident,. reading: "In cases where the killing is denied, and the. proof of that fact depends upon circumstances, or where the. defense is made that the killing was purely an ......
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