Jane v. State

CourtUnited States State Supreme Court of Missouri
Writing for the CourtPer Curiam
Citation3 Mo. 61
PartiesJANE (A SLAVE) v. THE STATE.
Decision Date30 April 1831

3 Mo. 61

JANE (A SLAVE)
v.
THE STATE.

Supreme Court of Missouri.

April Term, 1831.


ERROR FROM CALLAWAY CIRCUIT COURT

Per Curiam.

Jane was indicted in the Callaway Circuit Court for the murder of her infant child. The indictment contained three counts. She was convicted on the first and third counts, and acquitted on the second. To reverse the judgment of the Circuit Court, she now prosecutes her writ of error in this court.

The first count charges that the prisoner “on the 8th and 9th days of December, in the year” &c., “at” &c., “did knowingly, wilfully, feloniously and of her malice aforethought, mix and mingle a certain deadly poison,” &c., “and afterwards on the days and year aforesaid,” &c., “gave to her said infant child, Angeline, to drink,” &c., “that the said Angeline did then and there take, drink and swallow the same,” &c., “and by the operation thereof, became sick,” &c., and “from the said days and year aforesaid on which she the said Angeline so took, drank and swallowed down the same as aforesaid, until the 11th day of December in the year last aforesaid, at the county of Callaway aforesaid, did languish and languishing did live, and on said 11th day of December in the year last aforesaid, the said Jane, that she might more speedily kill and murder said Angeline, with force and arms at the county of Callaway aforesaid, in and upon the said Angeline then and there being, feloniously, wilfully and of her malice aforethought, made an assault, and that the said Jane, then and there in and with bed clothes, feloniously, wilfully and of her malice aforethought, did wrap up and cover over said Angeline, by means of which wrapping up and covering over said Angeline in and with said bed clothes, by the said Jane as

[3 Mo. 62]

aforesaid, the said Angeline was then and there choked, suffocated and smothered; of which said choking, suffocating and smothering, and of the poison aforesaid, so drank, taken and swallowed down into her body as aforesaid, and of the sickness and distemper thereby occasioned, did then and there die.” The third count charges, “that the said Jane a slave, and the property of said Henry Brite, as aforesaid, on the eighth day of December, in the year of our Lord one thousand eight hundred and thirty, at the county of Callaway aforesaid, gave and administered to her infant child called Angeline, certain medicine called laudanum, against the form of the statute,” &c. A motion was made in arrest of judgment and overruled by the Circuit Court. The reasons then urged, are now with some others, assigned for error.

The first nine errors are assigned to the defects in the caption of the indictment, as same appears in the record, which has been most awkwardly...

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5 practice notes
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...4 Gray (Mass.), 27; Commonwealth v. Keefe, 9 Gray (Mass.), 290; State v. Temple, 38 Vt. 37; State v. Jackson, 39 Me. 291; Jane v. State, 3 Mo. 61; State v. Hayes, 24 Mo. 358; People v. Wallace, 9 Cal. 31; Morgan v. State, 13 Fla. 671; 1 Green Cr. Rep. 361.) (b) The indictment should, but do......
  • State v. Burton, No. 29557.
    • United States
    • Missouri Supreme Court
    • December 11, 1929
    ...(1) A charge of felony must contain an allegation that the act charged was "feloniously" done, under the following cases: Jane v. State, 3 Mo. 61; State v. Murdock, 9 Mo. 739; State v. Gilbert, 24 Mo. 380; State v. Deffenbacher, 51 Mo. 26; State v. Clayton, 100 Mo. 516; State v. Hang Tong, ......
  • State v. Siegel, No. 18700.
    • United States
    • United States State Supreme Court of Missouri
    • May 25, 1915
    ...cases cited under note 37. Evidence of the observance of the rule in Missouri is to be found in a large number of cases, from Jane v. State, 3 Mo. 61, to State v. Dixon, 247 Mo. 668, 153 S. W. 1022. Whatever may be the rule elsewhere, whether founded upon an express statute or such a constr......
  • United States v. Peuschel, 36.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 28, 1902
    ...pleading referred to by the words, because it would not appear to which time such words applied.' 10 Enc.Pl.& Prac.p. 519; Jane v. State, 3 Mo. 61; State Hayes, 24 Mo. 358; Com. v. Moore, 11 Cush. 600; State v. Day, 74 Me. 220. In Jane v. State, supra, the court says: 'It is clear law, and ......
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5 cases
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...4 Gray (Mass.), 27; Commonwealth v. Keefe, 9 Gray (Mass.), 290; State v. Temple, 38 Vt. 37; State v. Jackson, 39 Me. 291; Jane v. State, 3 Mo. 61; State v. Hayes, 24 Mo. 358; People v. Wallace, 9 Cal. 31; Morgan v. State, 13 Fla. 671; 1 Green Cr. Rep. 361.) (b) The indictment should, but do......
  • State v. Burton, No. 29557.
    • United States
    • Missouri Supreme Court
    • December 11, 1929
    ...(1) A charge of felony must contain an allegation that the act charged was "feloniously" done, under the following cases: Jane v. State, 3 Mo. 61; State v. Murdock, 9 Mo. 739; State v. Gilbert, 24 Mo. 380; State v. Deffenbacher, 51 Mo. 26; State v. Clayton, 100 Mo. 516; State v. Hang Tong, ......
  • State v. Siegel, No. 18700.
    • United States
    • United States State Supreme Court of Missouri
    • May 25, 1915
    ...cases cited under note 37. Evidence of the observance of the rule in Missouri is to be found in a large number of cases, from Jane v. State, 3 Mo. 61, to State v. Dixon, 247 Mo. 668, 153 S. W. 1022. Whatever may be the rule elsewhere, whether founded upon an express statute or such a constr......
  • United States v. Peuschel, 36.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 28, 1902
    ...pleading referred to by the words, because it would not appear to which time such words applied.' 10 Enc.Pl.& Prac.p. 519; Jane v. State, 3 Mo. 61; State Hayes, 24 Mo. 358; Com. v. Moore, 11 Cush. 600; State v. Day, 74 Me. 220. In Jane v. State, supra, the court says: 'It is clear law, and ......
  • Request a trial to view additional results

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