State v. Manuel

Decided March 10, 1897

Supreme Court of Missouri · decided 1897-03-10

— Hon. C. C. Bland, Judge. (1) This indictment is sufficient under the law off this State. State v. Taylor, 21 Mo. 477. (2) Section 3661, Revised Statutes 1889, provides accessories who aid and abet in the commission of a crime of felonious assault shall be guilty in equal degree with the principal. Under the decisions of this State there are no different degrees of felonious assault. R. 8. 1889, sees. 3489 and 3490; State v. Berning, 91 Mo. 82.

Aeeiemed · Decided 1897-03-10

Burgess, J.

¶1At the March term, 1896, of the circuit court of Pulaski county, the defendants were convicted under a joint indictment theretofore preferred by the grand jury of said county against them for felonious assault upon one A. E. Bugard.

¶2The punishment of A. L. Manuel was fixed by the jury at three years’ imprisonment in the penitentiary, and the punishment of B. D. and O. D. Manuel was fixed at a fine of $100 each.

¶3After unsuccessful motions for a new trial and in arrest defendants appealed.

¶4No bill of exceptions was filed by defendants, so that there is nothing before this court for review save and except the record proper. The indictment is in due form, and the record apparently free from error. The judgment is affirmed.

All concur.