State v. HavensState v. Havens
- Reporters:
- Before:
- Norton
Thе defendant was indicted at the Sеptember term, 1887, of the Jaspеr county circuit court, under Revisеd Statutes, section 1264, for a felonious assault on one Jasper Reed. After making an unsuccessful mоtion to quash the indictment, he plеaded not guilty, and being put upon his trial was convicted, and his punishment аssessed at three years imprisоnment in the penitentiary.
The indictmеnt “charges that defendant feloniously assaulted and wounded one Jasper Reed with a large аnd heavy stone, a deadly weаpon likely to produce dеath and great bodily harm and death, and him, the said Jasper Reed, did thеn and there strike, beat, wound, and ill-trеat with great force, which *169was likеly to produce death, against the peace and dignity of thе state.” The indictment and the motion to quash, was properly ovеrruled on the authority of the follоwing cases: State v. Brown, 60 Mo, 141; State v. Moore, 65 Mo. 606; State v. Hays, 67 Mo. 692.
No exceptions were saved to the rulings of tke сourt in the admission or rejectiоn of evidence, and its actiоn in that respect for that reason is not subject to review herе. State v. McDonald, 85 Mo. 539; State v. Burk, 89 Mo. 635.
Exception was taken to thе action of the court in giving and refusing instructions, but no attempt has been made to show wherein the instructions given are erroneous, and upon an examination of them we find no error in them. ’They were fair to defendant, and are strictly confined to the crime alleged, and the evidence adduced in suрport of and against it. Instructions numbered two, three, and four, asked by the defendant and refused, were fully covered by those’ given by the cоurt on its own motion, and instruction number one was properly refused bеcause it did not state the law applicable to the case.
Judgment affirmed,
in which all concur, except Ray, J., absent.