Public-domain · open source
OpenJurist

66 Mo. App. 148

State v. Williams

Missouri Court of Appeals

Decided April 6, 1896

Missouri Court of Appeals · decided 1896-04-06

— Hon. P. C. Stepp, Judge. The information attempts to charge the defendant with an assault on M. J. Young, by drawing a revolver and presenting it at M. J. Young, while the said Jack Williams was in shooting distance of said Young. The information charges no offense. An assault is defined to be an attempt to intentionally do unlawful violence to the person of another with an apparent ability of accomplishing it.

Relies on State v. Sears

Beversed · Decided 1896-04-06

Ellison, J.

¶1-This is a prosecution based.on an information for an assault with a revolver. The defendant was convicted in the trial court. He makes thé point on this appeal that the information fails to charge an offense, and we deem the point well taken. The charge is of drawing a revolver and pointing it at the prosecuting witness while within shooting distance of him. It is evident that there was no attempt to charge an assáult by striking with the revolver, but the attempt is to charge an assault by an attempt to shoot the prosecuting witness. But there is no charge, directly •or indirectly, that the revolver was loaded. Furthermore, there is no charge that the revolver was drawn In an angry or threatening manner, or with an intention to assault, nor is there anything which necessarily shows such intention. State v. Sears, 86 Mo. 170.

¶2The judgment will be reversed.

All concur.
/66/moapp/148 · .json · Public domain