State v. Hang Tong

• Decision Date: 02 May 1893
• Citation: 22 S.W. 381,115 Mo. 389
• Parties: STATE v. HANG TONG.
• Court: Missouri Supreme Court

22 S.W. 381

115 Mo. 389

STATE v. HANG TONG.

Supreme Court of Missouri, Division No. 2.

May 2, 1893.

ASSAULT WITH INTENT TO KILL — INDICTMENT.

An indictment charging defendant with aiding and abetting another in an assault with intent to kill is bad, for failure to allege that he "feloniously" aided and abetted in the crime.

Appeal from St. Louis criminal court; George A. Castleman, Judge.

Hang Tong was convicted of crime, and appeals. Reversed.

Thos. B. Harvey, for appellant. The Attorney General, for the State.

GANTT, P. J.

The defendant was indicted by the grand jury, in the city of St. Louis, for aiding and abetting Lee Qua Leang in an assault with intent to kill Jew Gung and Low Back on the 17th of April, 1892. He was convicted, and sentenced to the penitentiary for three years. The indictment is in words and figures as follows: "St. Louis criminal court. July term, 1892. State of Missouri, city of St. Louis. The grand jurors of the state of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn, and charged, upon their oath present that Lee Qua Leang, late of the city of St. Louis aforesaid, and state aforesaid, on the seventeenth day of April, in the year of our Lord one thousand eight hundred and ninety-two, at the city of St. Louis aforesaid, with force and arms, in and upon one Jew Gung and Low Back, feloniously, willfully, on purpose, and of his malice aforethought, did make and assault, and the said Lee Qua Leang, with a certain weapon, to wit, a pistol loaded with gunpowder and leaden balls, then and there, feloniously, willfully, on purpose, and of his malice aforethought, did shoot off, at, against, and upon said Jew Gung and Low Back, in and upon the body of each of them, the said Jew Gung and Low Back, with the pistol aforesaid, one wound, with the intent, then and there, them, the said Jew Gung and Low Back, feloniously, willfully, on purpose, and of his malice aforethought, to kill. And the grand jurors aforesaid, upon their oaths aforesaid, do further present that Hang Tong, late of the city of St. Louis aforesaid, was then and there present, aiding and abetting, advising and counseling, the said Lee Qua Leang the offense and felony aforesaid to do and commit, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state. A true bill. J. B. Lucas, Foreman. William Zachritz, Assistant Circuit Attorney." The defendant, in his...