68 Mo. 264 | Mo. | 1878
I.- As the record shows no arraignment of defendant, this, under repeated adjudications, must accomplish the reversal of the judgment.
II. But notwithstanding that the judgment must be reversed, it is necessary that we decide the main point which induced this appeal. It is insisted that as the testi - mony does not show that Gartin was wounded or anywise injured by the pistol shot fired at him by defendant, that, therefore, the conviction could not stand, even had the defendant been duly arraigned. The indictment is framed under 1 Wag. Stat., sec. 38, p. 450. That section is as follows : “ If any person shall be maimed, wounded or disfigured, or receive great bodily harm, or his life be endangered by the act, procurement or culpable negligence of another, in cases and under circumstances which would constitute murder or manslaughter, if death had ensued,
Reversed.