State v. Baird
Decision Date | 23 February 1923 |
Docket Number | No. 24102.,24102. |
Citation | 297 Mo. 219,248 S.W. 596 |
Parties | STATE v. BAIRD. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Christian County; C. II. Skinker, Judge.
Stanley Baird was convicted of murder in the first degree, and he appeals. Affirmed.
G. Purd Hays, of Ozark, Rufe Scott, of Galena, W. L. Vandeventer, of Hartville, and Robt. L. Gideon, of Forsyth, for appellant.
Jesse W. Barrett, Atty. Gen., and J. Henry Caruthers, Asst. Atty. Gen., for the State.
The prosecuting attorney of Stone county, by information filed on the _______ day of July, 1921, charged defendant and Gip Webster with murder in the first degree. On a change of venue to Christian county, defendant was, on the 16th day of September, 1921, convicted and sentenced to life imprisonment, for that, on March 9, 1921, he mortally wounded by a pistol shot James A. Crabtree, who subsequently died.
The information, omitting caption and verification, is as follows:
On September 16, 1921, the jury returned in open court the following verdict:
The record proper shows the following entries relative to the judgment, sentence, motion for a new trial and motion in arrest of judgment, to wit:
Opinion.Defendant challenges the sufficiency of the information because (1) it charges no offense under the laws of the state of Missouri; (2) it is vague, indefinite, and so disconnected that it does not legally inform the defendant of the accusations against him; (3) the word "with" is omitted.
The third, which probably includes the second challenge, is directed to that part of the information as follows: "* * * Did make an assault and a dangerous and deadly weapon, to wit. * * *" It is the contention of defendant that the information should read "did make an assault with a dangerous and deadly weapon." Construing the information, we do not find it to be vague, indefinite, or disconnected, or that the word "with" was omitted. That part of the information under...
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State v. Dimmick
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Marsden v. Nipp
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State v. Pinkard
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