State v. Baldridge

Decided April 15, 1891

Supreme Court of Missouri · decided 1891-04-15

— How. D. A. DeArmond, Judge. The indictment does not charge the commission of any offense under section 3490, Revised Statutes, 1889. The offense charged belongs to the first class of offenses •defined by section 3489, Revised Statutes, 1889, i. e., shoot at or stab. And this class of offenses is not •embodied in section 3490, Revised Statutes, 1889.

Relies on State v. Buchler · State v. Schloss · State v. Burk

Affirmed · Decided 1891-04-15

Thomas, J.

¶1The defendant was indicted in the circuit court of Henry county for a felonious assault upon Seely Kline under section 3489, and was found ..guilty of an assault as defined by section 3490, Revised *320Statutes, 1889, and sentenced to imprisonment in the penitentiary for two years.

¶2It is the settled law of Missouri that upon “an indictment for an assault with intent to commit a felony, or for a felonious assault, the defendant may be convicted of a less offense. R. S. 1889, sec. 3950, State v. Burk, 89 Mo. 635; State v. Schloss, 93 Mo. 361; State v. Frank, 103 Mo. 120; Stale v. Buchler, 103 Mo. 203.

¶3This being the only error assigned and no other error appearing of record, the judgment of the trial court is affirmed.

All the judges of this division concur.