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State v. Moore

State v. Moore, 65 Mo. 606 (1877)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1877
Judges
Sherwood
Citations
65 Mo. 606
Headnotes
An. Indictment for a felonious assault under Sec. 23, Wag. Stat., p. 450, need not state that the act was done willfully, intentionally, with malice, with a deadly, or dangerous weapon, or under circumstances, which, had death ensued, would have constituted murder or manslaughter.
Summary
Appeal from Bates Circuit Court—IIon. Foster P. Wright, Judge. cited Jennings v. State, 9 Mo. 852; State v. Magrath, 19 Mo. 679; State v. Bailey, 21 Mo. 484; State v. Bohannon, lb. 490; State v. Thompson, 30 Mo. 470.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sherwood

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Sherwood, C. J.

Indictment under section 33, 1 Wagn. Stat., p. 450 for feloniously making an assault with a large knife on the body of one Cherry, and with the knife feloniously wounding and disfiguring, and inflicting great bodily harm on said Cherry, and endangering his life. The section has heretofore received repeated judicial construction, and the authorities cited on behalf of the State fully sustain the position that it is unnecessary that the indictment state that the act was done willfully, intentionally, with malice, with a deadly or dangerous weapon, or under circumstances which, had death ensued, would have constituted murder or manslaughter. Judgment affirmed. All concur. Aeeirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1878–1879: 11882–1883: 11888–1889: 11908–1909: 11910–1911: 11916–1917: 11922–1923: 118782026peak 1878 · 1

Relies on it most ⓘ

  1. State v. Webb182 S.W. 975 (Mo. 1916) · Dissent
  2. State v. Nieuhaus117 S.W. 73 (Mo. 1909)
  3. State v. Gabriel256 S.W. 765 (Mo. 1923)
  4. State v. Agee68 Mo. 264 (1878)
  5. State v. Janke141 S.W. 1136 (Mo. 1911)
  6. State v. Munson76 Mo. 109 (1882)

Most recent

  1. State v. Gabriel256 S.W. 765 (Mo. 1923)
  2. State v. Webb182 S.W. 975 (Mo. 1916) · Dissent
  3. State v. Janke141 S.W. 1136 (Mo. 1911)
  4. State v. Nieuhaus117 S.W. 73 (Mo. 1909)
  5. State v. Havens95 Mo. 167 (1888)
  6. State v. Munson76 Mo. 109 (1882)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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