67 Mo. 41 | Mo. | 1877
At a special term of the Gasconade circuit court, held in July, A. D. 1875, defendants were jointly in-dieted and tried for a felonious assault upon one Joseph Coulter. The indictment contained two counts, one under the 29th and the other under the 32nd section, Wag. Stat., p. 449. The second count of the indictment alleged that defendants, on the 23rd day of June, 1875, at, &c., upon the body of one Joseph Coulter, unlawfully, willfully and feloniously did make an assault, with intent him, the said Coulter, then and there feloniously, willfully and unlawfully to maim, disfigure and kill. No motion to quash was filed, but on a motion in arrest, the objections now urged were made to the indictment. Eirst, that the indictment should have set out the manner in which the assault was made, and the weapon used.
ants guilty of an assault upon Joseph Coulter with intent him to kill in manner and form as charged in the second count of the indictment, and assess, &c.” The trial of the defendants was for an assault with intent to kill. The instructions of the court to the jury, were confined to that charge in the indictment. There was not a particle of evidence that defendants only intended to maim. The court gave no instructions in regard to mayhem, or upon any other intent alleged in the indictment, except the intent to kill. The correction of the verdict was made in open court before the jury was discharged. The amended verdict was signed by the foreman in the presence of his fellows, and, at the instance of defendants’ counsel the jury was polled, and each member declared the amended verdict to be his verdict. It was but a formal correction, making the verdict conform exactly to what the jury found, and the court did not commit error in allowing it to be made. The instructions áre not here complained of, but they correctly declared the law.
the judgment is affirmed.
Affirmed.