McGee v. State

• Court: Missouri Supreme Court
• Writing for the Court: NAPTON
• Citation: McGee v. State, 8 Mo. 495 (Mo. 1844)
• Decision Date: 31 January 1844
• Parties: MCGEE v. THE STATE.

8 Mo. 495

MCGEE

v.THE STATE.

Supreme Court of Missouri.

January Term, 1844.

APPEAL FROM SCOTT CIRCUIT COURT.

CHAPMAN, for Appellant.

NAPTON, J.

The appellant was indicted by the grand jury of Scott county for the murder of one Medad Randall. The indictment charged, that the defendant “feloniously, willfully, deliberately, and premeditatedly, and of his malice aforethought,” assaulted the said Randall, and with a knife, “feloniously, willfully, deliberately and premeditatedly, and of his malice aforethought,” struck the said Randall upon his right breast, a little above the right nipple, giving him a mortal wound, of which he instantly died. The indictment, in other respects, pursues the usual form of indictments for murder in the first degree.

The defendant having pleaded “not guilty,” counsel was appointed by the court to defend the prisoner. A trial was had, and the jury found the following verdict: “We of the jury do find the prisoner, John McGee, guilty in manner and form as he stands charged in the indictment.” A motion for a new trial was made, which was overruled, and a bill of exceptions was taken, preserving all the testimony given at the trial. The prisoner was sentenced to be hung; but an appeal having been prayed for and allowed, the circuit judge stayed the execution of the sentence until the opinion of this court could be taken.

Our statute, in relation to Practice and Proceedings in Criminal Cases, Rev. Code, 493, provides that, “upon the trial of any indictment for any offense, where, by law, there may be conviction of different degrees of such offense, the jury, if they convict the defendant, shall specify in their verdict of what degree of offense they find the defendant guilty.” The verdict of the jury in this case is not in conformity to this provision, and the judgment should have been arrested. Under the indictment the defendant migh have...