State v. Thompson

Decided July 15, 1860

Supreme Court of Missouri · decided 1860-07-15

This was an action against William Thompson. The indictment charges “that William Thompson, late of, &c., on, &c., with force and arms, in the county aforesaid, did then and there feloniously assault one James Davis with a certain handle of a hoe, a deadly weapon, by feloniously assaulting and striking him, the said Davis, with the said hoe handle, with intent, in so doing, him the said Davis then and there feloniously to maim, wound and disfigure, contrary,” &g. This…

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Decided 1860-07-15

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Cited by 5 later decisions — most recently January 1981

5 state decisions

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Scott, Judge,

¶1delivered the opinion of the court.

¶2The thirty-eighth section of the second article of the act concerning crimes and punishment's, punishes all assaults made with intent to kill, or to commit any robbery, rape, burglary, manslaughter, or other felony. This indictment charges the defendant with having made a felonious assault with an intent feloniously to maim, wound and disfigure. A felonious maiming is a felony. The defendant is then *472charged with an assault with intent to commit a felony, and the indictment is within the words of the law.

¶3Whether the offence laid in the indictment is a common assault and battery not indictable, would be a question arising on the trial on the evidence. It is sufficient that the charge as made is a felony; whether it is or not will be determined by the evidence. The weapon used in making the assault is alleged to be a dangerous one.

¶4Reversed and remanded.

The other- judges concur.