State v. Davidson

• Decision Date: 15 February 1916
• Docket Number: No. 19292.,19292.
• Citation: 183 S.W. 304
• Parties: STATE v. DAVIDSON.
• Court: Missouri Supreme Court

183 S.W. 304

STATE v. DAVIDSON.

No. 19292.

Supreme Court of Missouri, Division No. 2.

February 15, 1916.

Appeal from Circuit Court, New Madrid County; Sterling H. McCarty, Judge.

Lonnie Davidson was convicted of willfully and maliciously shooting into a dwelling house, and he appeals. Reversed and remanded for a new trial.

E. F. Sharp, of Marston, for appellant. John T. Barker, Atty. Gen., and Thomas J. Higgs, Asst. Atty. Gen., for the State.

ROY, C.

The defendant was charged under a separate information with willfully and maliciously shooting into a dwelling house. He was convicted, and his punishment fixed at two years in the penitentiary. The evidence tends to show that he was a participant in the same offense of which Will Robinson was convicted. 183 S. W. 304. The judgment of conviction in that case has just been reversed by us for the reason there stated. The essential facts in this case are in no wise different from those in that case. The judgment herein is reversed and remanded for a new trial for the reason given in the opinion in that case.

WILLIAMS, C., concurs.

PER CURIAM.

The foregoing opinion of ROY, C., is adopted as the opinion of the court. All concur.