State v. Kempf

• Decision Date: 31 March 1858
• Citation: State v. Kempf, 26 Mo. 429 (Mo. 1858)
• Parties: THE STATE, Respondent, v. KEMPF et al., Appellants.
• Writing for the Court: RICHARDSON
• Court: Missouri Supreme Court

26 Mo. 429

THE STATE, Respondent,

v.KEMPF et al., Appellants.

Supreme Court of Missouri.

March Term, 1858.

1. The fact that three or more persons, acting in concert, should jointly beat and wound another, raises no presumption of law that they assembled with the intent, or that being assembled they agreed, mutually to assist one another to inflict such wounds, within the meaning of the third section of the St. Louis riot act. (Sess. Acts, 1855, p. 455.)

Appeal from St. Louis Criminal Court.

The second instruction, referred to in this opinion of the court, is as follows: “2. It is not necessary to a conviction that the jury should believe that there was an express ed intent or agreement to beat and wound Meyer as alleged; but if the jury believe that the defendants, with one or more others, acted in concert and jointly inflicted the wounds on Meyer as alleged, or that one of the above named defendants inflicted said wounds, and that the other defendant, with one or more others, were then present aiding and abetting and countenancing the one inflicting such wounds, then in such case the law presumes that they assembled with the intent, or having assembled did agree, mutually to assist one another to inflict such wounds, and so you should find.”

Harnett, for appellant.

Mauro, (circuit attorney,) for the State.

RICHARDSON, Judge, delivered the opinion of the court.

This indictment is framed under the act, specially applicable to St. Louis county, to prevent riots and breaches of the peace, (Sess. Acts, 1855, p. 455,) the third section of which is not materially different from the 6th section of the general law (R. C. 1855, p. 618), except as to the degree of punishment. To constitute a riot under the third section of the local act, it is necessary that at least three persons shall assemble together with the intent, or being assembled shall...