State v. Lakey
| Citation | 65 Mo. 217 |
| Parties | STATE OF MISSOURI v. LAKEY, APPELLANT. |
| Decision Date | 30 April 1877 |
| Court | Missouri Supreme Court |
Appeal from Douglas Circuit Court.--Hon. J. B. WOODSIDE, Judge.
No brief was filed for appellant.
John A. Hockaday, Att'y Gen., for respondent.
The indictment is unquestionably good. The time and place of the assault is specifically set out at the beginning of the indictment, as having been committed at the county of Douglas and State of Missouri on the 16th day of May, 1874, and the cutting and killing are sufficiently set out in the use of the words “then and there,” referring, as they necessarily do, to the time and place of the assault. State v. Ames, 10 Mo. 743; Wells v. State, 8 Mo. 52; Wharton on Homicide §§ 791, 809.
Defendant was indicted at a special term of the Douglas Circuit Court, held in July, 1874, for murder in the first degree, in killing James Abner. The indictment, except in one particular, is faultless, but is fatally defective in omitting to state when and where Abner died. It alleges the striking and cutting of the deceased with a bowie knife, and then proceeds to charge “that the said Eli Lakey, with the knife aforesaid, by the striking and cutting aforesaid did then and there give to him, the said James Abner, in and upon the said throat of him the said James Abner, one mortal wound of the length of six inches and of the depth of three inches, of which mortal wound James Abner did instantly die.” The import of the words “did instantly die” in their popular acceptation does not obviate the necessity of making a necessary averment in an indictment for murder, with the particularity required by repeated adjudications of this court. The indictment in the case of the State v. Lester, 9 Mo. 658, alleged that defendant did inflict divers wounds and contusions on the head of one Scott, of which he, the said Scott, “did instantly die.” NAPTON, J., who delivered the opinion of the court, said, In the case of the...
To continue reading
Request your trial
-
The State v. Furgerson
... ... such case, the words feloniously, etc., will run through the ... subsequent allegations and thus connect them with the mortal ... stroke to which they are essential, as already seen. [1 East ... P. C. 346; 2 Hale P. C. 184; [162 Mo. 674] State v ... Lakey, 65 Mo. 217; State v. Steeley, 65 Mo ... 218; State v. Sides, 64 Mo. 383.]" ... In the ... case at bar the essential averments are properly connected by ... the following language: " ... one William Furgerson ... on the twenty-fifth day of March, 1897, at Grundy county, ... ...
-
The State v. Kindred
... ... 324; State v ... Emeriche, 87 Mo. 110; State v. Deffenbacher, 51 ... Mo. 26; State v. Herrell, 97 Mo. 108; State v ... Clayton, 100 Mo. 519; State v. Fairlambs, 121 ... Mo. 154. Indictments for murder require great strictness ... State v. Sides, 64 Mo. 383; State v. Lakey, ... 65 Mo. 217. (2) The court should have granted a continuance ... in this case. John Willeford was in the front part of the ... store at the time and had a better opportunity of seeing what ... was done at the moment of the shooting, than any other ... witness. His evidence was material ... ...
-
State v. Herrell
...and thus connect them with the mortal stroke to which they are essential, as already seen. 1 East P.C. 346; 2 Hale P. C. 184; State v. Lakey, 65 Mo. 217; State Steeley, 65 Mo. 218; State v. Sides, 64 Mo. 383. In the present case it will be observed that this has not been done, nor the neces......
-
State v. Borders
...in a number of cases (State v. Sundheimer, 93 Mo. 311, 6 S. W. 52; State v. Testerman, 68 Mo. 408; State v. Mayfield, 66 Mo. 125; State v. Lakey, 65 Mo. 217; State v. Sides, 64 Mo. 383; Lester v. State, 9 Mo. 666) that an indictment for homicide should allege the time and place of the death......