State v. Brown
Court | United States State Supreme Court of Missouri |
Citation | 68 S.W. 568,168 Mo. 449 |
Parties | STATE v. BROWN. |
Decision Date | 13 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.
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:
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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State v. Holland, 39581.
......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, ......
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State v. Holland
...... 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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State v. Kenyon, 35887.
...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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State v. Logan
...... 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 ......