State v. Cook
| Decision Date | 18 November 1902 |
| Citation | 170 Mo. 210,70 S.W. 483 |
| Parties | STATE v. COOK et al. |
| Court | Missouri Supreme Court |
Appeal from criminal court, Buchanan county; Benj. J. Casteel, Judge.
Jesse Cook and another were convicted of murder, and appeal. Reversed.
W. B. Norris and T. W. Harl, for appellants. The Attorney General, Jas. W. Mytton, and C. D. Corum, for the State.
At the June term, 1900, of the criminal court of Buchanan county, the grand jury returned the following indictment: State of Missouri, County of Buchanan — ss.: In the Criminal Court of Buchanan County, at the June Term Thereof, 1900. The grand jurors of the state of Missouri, within and for the body of the county of Buchanan aforesaid, being duly impaneled and sworn, upon their oath do present that Jesse Cook and Roy Frogge on the sixth day of May, 1900, at the county of Buchanan and state aforesaid, in and upon one James Mize then and there being, feloniously, willfully, premeditatedly, deliberately, on purpose and of their malice aforethought, did make an assault, and with a dangerous and deadly weapon, to wit, a shotgun loaded then and there with powder and leaden balls and shot, which they, the said Jesse Cook and Roy Frogge, in their hands then and there had and held at and against him, the said James Mize, then and there feloniously, willfully, premeditatedly, deliberately, on purpose, and of their malice aforethought, did shoot off and discharge, and with a shotgun aforesaid, and the leaden balls and shot aforesaid, then and there, feloniously, willfully, premeditatedly, deliberately, on purpose, and of their malice aforethought, did shoot, strike, and penetrate and wound him, the said James Mize, in and about a vital part of the body and legs and thighs of him, the said James Mize, to wit, in the legs and thighs of him the said James Mize, giving to him, the said James Mize, at the said county of Buchanan and state of Missouri, on the said sixth day of May, 1900, with the dangerous and deadly weapon, to wit, the shotgun aforesaid, and the powder and leaden balls and shot aforesaid, in and upon the body and legs and thighs of him, the said James Mize, one mortal wound, of the width of about one inch and of the depth of about three inches, of which mortal wound he, the said James Mize, languished, and languishing did live for the space of about fifty hours, when of the said mortal wound the said James Mize on the ninth day of May, 1900, at the county of Buchanan and state of Missouri, died; and so the grand jurors aforesaid do say that they, the said Jesse Cook and Roy Frogge, him, the said James Mize, in the manner and by the means aforesaid, feloniously, willfully, premeditatedly, deliberately, on purpose, and of their malice aforethought, at the said county of Buchanan and state of Missouri, on the said day...
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State v. Ferguson
...... this and other states in regard to this crime. An indictment. for murder, therefore, under our statutes, means just what it. did at common law. [Ex parte Slater, 72 Mo. 102; State v. Meyers, 99 Mo. 107, 12 S.W. 516; State v. Sanders, 158 Mo. 610, 59 S.W. 993; State v. Cook, 170 Mo. 210, 70 S.W. 483.] Not only is this. conclusion evident from these well reasoned rulings, but we. have expressly held that forms of indictments. [212 S.W. 343] . for murder in this State are to be measured by the rules of. the common law in that behalf prescribed. [State v. Cline,. ......
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The State v. Rennison
...charge only manslaughter. "The same rule is announced in State v. Furgerson, 152 Mo. 92; State v. Sanders, 158 Mo. 610. "In State v. Cook and Frogge, 170 Mo. 210, Gantt, J., speaking for the court, "'The indictment is not sufficient to sustain a conviction of murder. The indictment only cha......
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State v. Ferguson
...Meyers, 99 Mo. loc. cit. 116, 12 S. W. 516; State v. Sanders, 158 Mo. loc. cit. 612, 59 S. W. 993, 81 Am. St. Rep. 330; State v. Cook, 170 Mo. loc. cit. 214, 70 S. W. 483. Not only is this conclusion evident from these well-reasoned rulings, but we have expressly held that forms of for murd......
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State v. Lee
...cited in support of the appellant's position must be noticed. Three of them (State v. Meyers, 99 Mo. 107, 12 S. W. 516; State v. Cook, 170 Mo. 210, 70 S. W. 483; State v. Sanders, 158 Mo. 610, 59 S. W. 993, 81 Am. St. Rep. 330) are cases where indictments were under consideration and of cou......