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237 Mo. 206

State v. O'Hearn

Supreme Court of Missouri

Decided November 14, 1911

Supreme Court of Missouri · decided 1911-11-14

St. Louis City Circuit Court. — Hon. Geo. C. Hitchcock, Judge. No bill of exceptions was filed in this case. Tbe record proper is free from error, and the judgment should be affirmed. State v. Morgan, 191 Mo. 191. (1) The indictment is in proper form. Sec. 4449, R. S. 1909; State v. Woodward, 191 Mo. 617; State v. Lowe, 93 Mo. 547; State v. Minor, 193 Mo. 597; State v. Myers, 198 Mo. 225. The defendant was duly arraigned and entered his plea of not guilty.

Relies on State v. Colvin · State v. Testerman · State v. McCue

Affirmed · Decided 1911-11-14

BROWN, J.

¶1No bill of exceptions was filed by appellant; neither has he favored us with any brief; but we have carefully examined the record proper, from which it appears that defendant was charged with murder in the second degree, in an indictment containing .two counts.

¶2In the first count it is charged that defendant murdered one Ralph Coffins with a stick of wood thirty-one inches long; and in the second count it is charged that the murder was committed with a stick of wood, the weight and dimensions of which were unknown to the grand jurors.

¶3The trial jury found the defendant guilty of man- . slaughter in the fourth degree, and fixed his punishment at a fine of five hundred dollars. This verdict does not designate the count of the indictment upon which it is founded, but it is not for that reason defective. [State v. Testerman, 68 Mo. 408.]

¶4*208The charge of murder in the second degree embraces, the crime of manslaughter, of which defendant was convicted; and as the verdict specifies the degree of his guilt, it is sufficient. [State v. McCue, 39 Mo. 112; State v. Colvin, 226 Mo. 476.]

¶5Finding no error in the record, the .judgment of the trial court .is affirmed.

Kennish, P. J., and Ferriss, J., concur.
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