65 Mo. 217 | Mo. | 1877
Defendant was indicted at a special term of the Douglas Circuit Court, held in July, 1874, for murder in the first .degree, in killing James Abner. The indictment, except in one particular, is faultless, but is fatally defective in omitting to state when and where Abner died. It alleges the striking and cutting of the deceased with a bowie knife, and then proceeds to charge “ that the said Eli Lakey, with the knife aforesaid, by the striking and cutting aforesaid did then and there give to him, the said James Abner, in and upon the said throat of him the said James Abner, one mortal wound of the length of six inches and of the depth of three inches, of which- mortal wound James Abner did instantly die.” The import of the words “ did
Reversed.