State v. Woods

• Decision Date: 05 November 1894
• Citation: 27 S.W. 1114
• Parties: STATE v. WOODS.
• Court: Missouri Supreme Court

27 S.W. 1114

STATE v. WOODS.

Supreme Court of Missouri, Division No. 2.

November 5, 1894.

ASSAULT WITH INTENT TO KILL — SUFFICIENCY OF INDICTMENT — EVIDENCE — PREVIOUS QUARREL — INSTRUCTIONS.

1. An indictment for assault with intent to kill, which charges that defendant committed the assault feloniously, on purpose, and with malice aforethought, "with the intent then and there him, the said S., on purpose, and of his malice aforethought, to kill and murder," need not charge that the assault was committed with a felonious intent, or with an intent feloniously to kill.

2. On trial for assault with intent to kill, where it is shown that the, person shot at was standing unarmed in his own yard, talking to a friend, and that defendant got within shooting distance by creeping along the yard fence, and that at the time of the shooting the person shot, on the advice of his friend, had started to go into his house, evidence of a difficulty less than an hour before between defendant and the person shot is inadmissible.

3. On trial for assault with intent to kill, where the evidence fully establishes an assault on purpose, with malice aforethought, and with a deadly weapon, it is not error to refuse to charge that the jury may convict of a lower grade of crime.

4. The verdict cannot be impeached by the affidavit of a juror that the time of imprisonment was fixed by each juror writing on a piece of paper the number of years he was in favor of and dividing the aggregate by 12.

Appeal from circuit court, Lincoln county; E. M. Hughes, Judge.

Robert Woods was convicted of assault with intent to kill, and appeals. Affirmed.

Wm. R. Young, for appellant. R. F. Walker, Atty. Gen., for the State.

GANTT, P. J.

The indictment is in the following words: "State of Missouri, County of Lincoln — ss.: In the circuit court of Lincoln county, Missouri, at the spring term, A. D. 1893. The grand jurors for the state of Missouri, duly impaneled, sworn, and charged to inquire within and for the body of the county of Lincoln, and state of Missouri, upon their oath charge and present that Robert Woods, on or about the 8th day of January, A. D. 1893, at the county of Lincoln, in the state of Missouri, in and upon one William Shannon, feloniously, on purpose, and of his malice aforethought, did make an assault, and did then and there on purpose, and of his malice aforethought, feloniously shoot him, the said William Shannon, in and upon the back of the head and neck of him, the said William Shannon, with a certain shotgun, loaded with powder and leaden balls, as aforesaid, he, the said Robert Woods, then and there in both his hands had and held, with the intent then and there him, the said William Shannon, on purpose, and of his malice aforethought, to kill and murder, against the peace and dignity of the state. Edgar...