State v. Craighead
| Decision Date | 31 July 1862 |
| Citation | 32 Mo. 561 |
| Parties | STATE, Respondent, v. STEPHEN CRAIGHEAD, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Callaway Circuit Court.
Welch, attorney general, for the State.
I. The indictment was sufficient, and the court committed no error in overruling the motion of defendant to quash. The indictment is framed under sec. 39, art. 2, Crimes and Punishments, R. C. 567, and charges the defendant with a felonious assault. Had death ensued from the wound inflicted by defendant, it would, under the averments of the indictment, have amounted to manslaughter in the third degree. (R. C. 1855, p. 561, § 13.) Hence, so far as the indictment shows upon its face, (and the court cannot, on a motion to quash, examine into the evidence,) the assault charged was a felonious assault.
II. The second reason assigned by defendant in his motion to quash, (and it is the only other ground assigned,) is, that the defendant is charged with inflicting a wound upon Dunlop, whereby the life of defendant Craighead was endangered. This is a mere clerical mistake by the circuit attorney, and did not in the least degree prejudice the case of the defendant, or operate to his injury; and was, therefore, no sufficient reason to quash the indictment. (1 R. C. 1855, p. 1176, § 27.) The words, “the said Craighead,” in the close of the indictment, may be rejected as surplusage. (1 Chit. Plead. 230; 1 Salk. 324.)
The defendant was indicted at the October term, 1860, of the Callaway Circuit Court, for a felonious assault upon one William T. Dunlop. The indictment was framed under the 39th sec. of art. 2 of the statute relating to Crimes and Punishments, and is in the words and figures following:
“The grand jurors of the State of Missouri, empannelled, sworn and charged to inquire in and for the body of the county of Callaway, on their oaths present that heretofore, to-wit, on the first day of August, 1860, at the county of Callaway, one Stephen Craighead, without a design to effect death, and in the heat of passion, with a dangerous weapon, to-wit, a certain knife which he, the said Craighead, then and there had and held in his right hand, did then and there with said knife wilfully and feloniously assault and wound one William T. Dunlop, by means of which said wounding and assaulting of said Dunlop by the said Craighead then and there, the life of him, the said Craighead, was then and there endangered, against the peace and dignity of ...
To continue reading
Request your trial
-
The State v. Stokes
... ... 222; State v. Barnett, 203 ... Mo. 658. (3) Mere clerical errors in indictment did not ... vitiate it. It has often been held that the mis-spelling of a ... word is not sufficient ground for quashing the indictment ... State v. Vaughan, 141 Mo. 514; State v ... Craighead, 32 Mo. 561. Spelling the name ... "Slokes" is a mere clerical error and did not in ... any way prejudice the defendant and is not reversible ... State v. Griffin, 249 Mo. 624; State v ... Morehead, 271 Mo. 84. If the defendant be indicted in ... the wrong name unless he declare his ... ...
-
State v. Gilliam, 48437
...was not prejudiced by the court's inadvertently using the wrong Christian name. The correction was immediately made. Consult State v. Craighead, 32 Mo. 561; State v. Meals, 184 Mo. 244, 257, 83 S.W. 442; State v. Thomas, Mo., 82 S.W.2d 885; State v. Paulsgrove, 203 Mo. 193, 101 S.W. 27[2, D......
-
Goodlove v. State
... ... St. 371] jeopardy in case of a future indictment and hearing ... Mead v. State, 26 Ohio St. 505; Commonwealth v. Hunt, 4 ... Pick., 252; Walter v. People, 32 N.Y. 147; Commonwealth v ... Randall, 4 Gray, 36; Rye v. State, 8 Tex. App., 163; State v ... Craighead", 32 Mo. 561; Commonwealth v. Desmarteau, 16 Gray, ... 1; Pyke v. State, 47 Fla. 93, 36 So. 577; People v. Woods, 65 ... Cal. 121, 3 Pac. Rep., 466; People v. Lake, 110 N.Y. 61, 17 ... N.E. 146; 6 Am.St. 344; Moree v. State, 83 S.W. 1117; Kennedy ... v. People, 39 N.Y. 245 ... \xC2" ... ...
-
The State v. Meadows
... ... 364; State v ... Phelan, 65 Mo. 547. (c) The indictment alleges a battery ... upon Stephen Bilyeu, and alleges an assault; and the fact ... that it does not expressly say that the assault was upon said ... Stephen Bilyeu, can not prejudice the defendant. State v ... Craighead, 32 Mo. 561. (2) The defendant was not ... entitled to an instruction as to manslaughter in the fourth ... degree. The testimony of no witness, when read as a whole, ... warrants such an instruction. The evidence shows, on the ... contrary, that after a slight altercation at the fence, ... ...