State v. Dawson

• Citation: 85 S.W. 526,187 Mo. 60
• Parties: STATE v. DAWSON.
• Decision Date: 28 February 1905
• Court: United States State Supreme Court of Missouri

85 S.W. 526

187 Mo. 60

STATE v. DAWSON.

Supreme Court of Missouri.

February 28, 1905.

MURDER — INFORMATION — CONCLUSION.

An information which does not conclude on the oath of the prosecuting attorney is insufficient to charge murder.

In Banc. Appeal from Circuit Court, Monroe County; D. H. Eby, Judge.

Frank Dawson was convicted of murder, and appeals. Reversed.

T. T. Rodes and W. E. Whitecotton, for appellant. E. C. Crow, Atty. Gen., and Sam B. Jeffries, for the State.

BURGESS, J.

During the December term, 1903, of the circuit court of Monroe county, and on the 8th day of said month, there was filed in said court an information by the prosecuting attorney of said county in which the defendant, Dawson, was charged with having on the 4th day of December, 1903, at said county, feloniously, willfully, premeditatedly, deliberately, on purpose, and of his malice aforethought, shot and killed with a pistol one Anna Hartman. Upon trial thereafter had before the court, and a jury, defendant was convicted of murder in the first degree, and his punishment fixed at death. He appeals.

The facts disclosed by the record are substantially as follows: The deceased, Anna Hartman, and the defendant at the time of the homicide lived in the same neighborhood in Monroe county — the former at or near Madison, in said county. On the afternoon of the 4th day of December, 1903, there was a dance at the residence of George Ownby, which was a few miles from Madison. The deceased, Anna Hartman, was present, together with a large number of other young people residing in that community. The defendant had been drinking in the afternoon, and at about 5 o'clock on the day in question went to a hardware store kept by William F. Walker, and borrowed a revolver, at the same time purchasing some cartridges. Some time prior to this defendant had apparently fallen in love with the deceased, Anna Hartman. They, however, had some disagreement prior to September, 1901, and from that date until the commission of the homicide defendant is shown to have made repeated threats, in which he stated that he would kill her before she should marry any one else. Defendant went on horseback from Madison to the Ownby home, arriving there about 7:30 p. m. After becoming somewhat intoxicated at Madison, he put two pint bottles of whisky in his pocket, and started to the dance. On his way he fell from his horse twice. After reaching the home of Mr. Ownby, he mingled with the crowd, and to several parties stated that he intended to kill some s____ of a b____ before they danced two rounds. About half past 8 o'clock friends of the defendant put him on his horse and started him home. In about one-half an hour, however, he returned and exhibited his revolver. This was taken from him, but finally, upon defendant's statement that he intended to give it to another friend, it was returned to him. About half past 9 or 10 o'clock defendant came to the door of the room where the dancing was going on, and just as the dance commenced he started across the room, pointing the revolver at the deceased, Anna Hartman, and fired. Tom Engle and the deceased were dancing as partners. As soon as defendant fired the first shot, Engle grabbed him and pulled him to the floor, but during the scramble defendant fired two more shots. Two bullets took effect in deceased's left breast, from the effect of one of which she died soon afterwards. Defendant then left the house as rapidly as possible. On cross-examination of Mrs. Ethel Ownby, she stated that deceased, immediately after the shooting, said she did not see why that Frank Dawson wanted to shoot her. The defense interposed was that defendant was in a drunken condition, and was not a man of strong mind. In fact, insanity was set up. There was an abundance of evidence showing defendant to be a young man of good character. On the other hand, quite a number of witnesses testified that his reputation was not good.

The first point presented for our...