State v. Burns
Decision Date | 27 January 1890 |
Citation | 12 S.W. 801,99 Mo. 471 |
Parties | STATE v. BURNS. |
Court | Missouri Supreme Court |
Appeal from circuit court, Camden county; W. I. WALLACE, Judge.
Nixon & King, for appellant. Atty. Gen. Wood, for the State.
At the August term, 1887, of the circuit court of Camden county the defendant was tried and convicted of murder in the second degree, and his punishment assessed at imprisonment in the penitentiary for life. There is in the record neither a motion in arrest or for new trial, consequently there is nothing before us for review except the record proper, for error in which affecting the merits a judgment will be reversed in a criminal case, although no such motions were made in the trial court. State v. Marshall, 36 Mo. 400. The indictment charges "that David Burns, on the 12th day of June, A. D. 1886, at the county of Camden, in and upon one Frank Phelan, then and there being, feloniously, willfully, deliberately, premeditatedly, and of his malice aforethought, did make and assault, and with a certain knife, which he, the said David A. Burns, in his right hand then and there had and held, him, the said Frank Phelan, feloniously, willfully, deliberately, premeditatedly, and of his malice aforethought, did strike, stab, and thrust in and upon the left side of the body of him, the said Frank Phelan, one mortal wound, of the length of one inch, of the breadth of half an inch, and of the depth of three inches, of which said mortal wound the said Frank Phelan, from the 12th of June, in the year aforesaid, at Osage Iron-Works, in the county aforesaid, did languish, and languishing did live, on which said 15th day of June, in the year aforesaid, the said Frank Phelan, at Osage Iron-Works, in the county aforesaid, of the mortal wound aforesaid, died, and so the grand jury aforesaid," etc. The conclusion is in the usual form.
1. If the pleader in this indictment had inserted next before the words "one mortal wound" the words "giving to the said Frank Phelan then and...
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State v. Frazier
... ... deceased; and with his fist feloniously, willfully, ... premeditatedly and of his malice aforethought beat and struck ... the deceased upon the head, thereby inflicting mortal [339 ... Mo. 974] wounds from which the deceased died ten days ... thereafter. [ State v. Burns, 99 Mo. 471, 473, and ... 542, 12 S.W. 801, and 13 S.W. 686; State v ... Turlington, 102 Mo. 642, 651, 15 S.W. 141, 143; Ex parte ... Keet, 315 Mo. 695, 287 S.W. 463; State v. Kaner, 338 ... Mo. 972, 93 S.W.2d 671, 673.] ... It is ... further contended in this ... ...
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State v. Stringer
...direct and positive averments manifestly the reasonable requirements of the common law are satisfied. Mo. R.S.A., Sec. 3952; State v. Burns, 99 Mo. 471, 12 S.W. 801; Ex Parte Keet, supra. The information under consideration does not charge in specific terms that the child "was given a morta......
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State v. Turlington
... ... the word needlessly and improperly inserted does not tend to ... prejudice the substantial rights of defendant. R. S. 1889, ... sec. 4115; State v. McDaniel , 94 Mo. 301, 7 S.W ... 634; State v. Burnett , 81 Mo. 119; State v ... Hughes , 82 Mo. 86; State v. Burns , 99 Mo. 471, ... 12 S.W. 801 ... II ... The plea in abatement was supported by the affidavit of the ... official stenographer of the court purporting to give the ... language of the judge in his charge. The following is the ... portion of the charge objected to, and what ... ...
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State v. Frazier, 34751.
...struck the deceased upon the head, thereby inflicting mortal wounds from which the deceased died ten days thereafter. [State v. Burns, 99 Mo. 471, 473, and 542, 12 S.W. 801, and 13 S.W. 686; State v. Turlington, 102 Mo. 642, 651, 15 S.W. 141, 143; Ex parte Keet, 315 Mo. 695, 287 S.W. 463; S......