State v. Ray
| Decision Date | 28 February 1866 |
| Citation | 37 Mo. 365 |
| Parties | STATE OF MISSOURI, Appellant, v. WILLIS B. RAY, Respondent. |
| Court | Missouri Supreme Court |
Appeal from Worth Circuit Court.
The indictment charged that the defendant, with a certain knife, of the length of six inches, which he, the said Willis B. Ray, in his hand held, and which was then and there a deadly weapon, and held feloniously, did assault one Elihu Rowin, and him, the said Elihu Rowin, then and there, with the knife aforesaid, feloniously did wound, contrary to the form of the statute, &c.
J. C. Parker, for appellant.
This is a case where the defendant was, at the September term, A. D., 1864, of the Worth Circuit Court, indicted for maiming and wounding under circumstances which would have constituted murder or manslaughter if death had ensued, under section 39 of article 2, p. 567, of R. C. 1855.
The defendant moved the court to quash the indictment, which motion was sustained, and the State appealed from the decision of the court on the motion to quash.
The indictment in this case is substantially good. (9 Mo. 852; 11 Mo. 579; 19 Mo. 678.)
This was an indictment under the 39th section of the On motion of the defendant, the indictment was quashed. The indictment charges all the facts necessary to constitute the offense under said section. (Conrad v. State, 11 Mo. 579; Jennings v. State, 9 Mo. 862.) The motion should have been overruled.
Judgment reversed, and the cause remanded.
Judge Wagner concurs; Judge Lovelace absent.
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...v. McQuaig, 22 Mo. 319 (a knife); State v. Feaster, 25 Mo. 324 (a large stick); State v. Herreford, 29 Mo. 399 (a knife, semble); State v. Ray, 37 Mo. 365 (a Moreover, the majority opinion seems to treat section 4483 as if the fact of wounding by a mere breaking of the skin is the only prer......
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...v. McQuaig, 22 Mo. 319 (a knife); State v. Feaster, 25 Mo. 324 (a large stick); State v. Herreford, 29 Mo. 399 (a knife, semble); State v. Ray, 37 Mo. 365 (a Moreover, the majority opinion seems to treat section 4483 as if the fact of wounding by a mere breaking of the skin is the only prer......
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