State v. Williamson

Decision Date14 May 1907
Citation203 Mo. 591,102 S.W. 519
PartiesSTATE v. WILLIAMSON.
CourtMissouri Supreme Court

Appeal from St. Louis Circuit Court; Matt. G. Reynolds, Judge.

Walter Williamson was convicted of an assault with intent to kill, and appeals. Reversed.

Thos. B. Harvey, for appellant. The Attorney General and N. T. Gentry, for the State.

BURGESS, J.

Upon an information filed by the assistant circuit attorney of the city of St. Louis, in the circuit court of said city, charging the defendant with an assault with intent to kill one Elmer Dorn, the defendant was convicted and his punishment assessed by the jury at imprisonment in the penitentiary for five years. The defendant in due time filed motions for new trial and in arrest of judgment, which were overruled. His sentence was afterwards commuted to three years' imprisonment in the penitentiary, and judgment passed accordingly. Defendant appeals.

The information, omitting the formal parts, is as follows: "Richard M. Johnson, assistant circuit attorney, in and for the city of St. Louis aforesaid, within and for the body of the city of St. Louis, on behalf of the state of Missouri, upon his official oath, information makes as follows: That Walter Williamson on the twenty-second day of April in the year of our Lord one thousand nine hundred and five, at the city of St. Louis aforesaid, with force and arms, in and upon one Elmer Dorn feloniously, willfully, on purpose, and of his malice aforethought did make an assault, and the said Walter Williamson 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 the said Elmer Dorn, then and there giving to the said Elmer Dorn in and upon the head and body of him, the said Elmer Dorn, with the pistol aforesaid, one wound, with the intent then and there him the said Elmer Dorn feloniously, willfully, on purpose, and of his malice aforethought to kill; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state." The evidence on the part of the state tended to prove that the prosecuting witness, Elmer Dorn, was a newsboy, 10 years old, and that on the 22d day of April,...

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21 cases
  • State v. Dean
    • United States
    • Ohio Supreme Court
    • October 27, 2015
    ...State v. Brady, 745 So.2d 954, 957–958 (Fla.1999) ; State v. Hinton, 227 Conn. 301, 317–318, 630 A.2d 593 (1993) ; State v. Williamson, 203 Mo. 591, 595, 102 S.W. 519 (1907) ; State v. Shanley, 20 S.D. 18, 23, 104 N.W. 522 (1905). {¶ 140} The state counters by arguing that the evidence esta......
  • Harrison v. State
    • United States
    • Maryland Court of Appeals
    • August 4, 2004
    ...48 P.3d 1107 (2002); State v. Hinton, 227 Conn. 301, 630 A.2d 593 (1993); State v. Brady, 745 So.2d 954 (Fla.1999); State v. Williamson, 203 Mo. 591, 102 S.W. 519 (1907); People v. Fernandez, 88 N.Y.2d 777, 650 N.Y.S.2d 625, 673 N.E.2d 910 (1996); State v. Shanley, 20 S.D. 18, 104 N.W. 522 ......
  • Ford v. State
    • United States
    • Maryland Court of Appeals
    • September 1, 1992
    ...person at whom he shot ... nor did he shoot at the person whom he did wound...." Morgan, 74 Ky. at 602; see also State v. Williamson, 203 Mo. 591, 102 S.W. 519, 520 (1907); State v. Mulhall, 199 Mo. 202, 97 S.W. 583, 586-87 (1906) (both construing similar Missouri statute to same effect). T......
  • Cockrell v. State
    • United States
    • Alabama Supreme Court
    • May 7, 2004
    ...(1991); State v. Hinton, 227 Conn. 301, 630 A.2d 593, 602 (1993); Ford v. State, 330 Md. 682, 625 A.2d 984 (1993); State v. Williamson, 203 Mo. 591, 102 S.W. 519 (1907); State v. Mulhall, 199 Mo. 202, 97 S.W. 583 (1906); People v. Fernandez, 88 N.Y.2d 777, 650 N.Y.S.2d 625, 673 N.E.2d 910, ......
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