The State v. Moore
| Decision Date | 09 December 1903 |
| Parties | THE STATE v. MOORE, Appellant |
| Court | Missouri Supreme Court |
Appeal from Christian Circuit Court. -- Hon. Asbury Burkhead, Judge.
Reversed and remanded.
G. Purd Hayes for appellant.
Edward C. Crow, Attorney-General, and C. D. Corum for the State.
This case must be reversed and remanded. The information is in two counts. The first count charges an assault in and upon the body of one Nancy M. Lewis, with a deadly weapon, on purpose and of malice aforethought. The second count charges an assault in and upon the body of Nancy M. Lewis, with a deadly weapon, to-wit, a large stone, on purpose and of malice aforethought. Instruction 1, given by the court, authorized the jury to find the defendant guilty if he unlawfully committed an assault upon Nancy M. Lewis, Troy Lewis or Roy Lewis, or any of them. The second instruction contained the same vice. The defendant was charged with assaulting one person and under the instructions of the court he might have been convicted had he assaulted two other persons, or either one of the other persons. This necessitates a reversal and remanding.
On February 12, 1902, the prosecuting attorney of Christian county filed in the office of the clerk of the circuit court of said county an information against defendant in two counts.
The first count charges defendant with a felonious assault upon one Nancy Lewis with a deadly weapon, to-wit, a certain gun and with a certain pistol.
The second count charges an assault in and upon the body of said Nancy Lewis, with a deadly weapon, to-wit, a large stone, on purpose and with malice aforethought.
The defendant was found guilty and his punishment fixed at two years' imprisonment in the penitentiary. After unavailing motion for a new trial, defendant appeals.
Over the objection and exception of defendant the court in instruction 1 authorized the jury to find the defendant guilty if he unlawfully committed an assault upon Nancy M. Lewis, Troy Lewis or Roy Lewis, or any of them, while the information charges him with committing an assault upon Nancy M. Lewis only.
The second instruction is open to the same objection.
These instructions are admitted to be erroneous by the Attorney-General.
The judgment is reversed and the cause remanded. All concur.
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The State v. Peebles
... ... (1) ... There was a sufficient breaking in this case to constitute a ... burglary. The door was locked and the defendants unlocked it ... with a key which they had obtained to fit it. State v ... Woods, 137 Mo. 6; State v. Moore, 117 Mo. 395; ... State v. Hicox, 83 Mo. 531. (2) The corpus delicti ... may be proved by circumstantial evidence. State v ... Dickson, 78 Mo. 438. (3) If the jury believed that the ... defendants were accomplices, and that, acting together for a ... common purpose, one of them after ... ...