214 Mo. 310 | Mo. | 1908
This is an appeal from a verdict and judgment of the Chariton Circuit Court convicting the defendant of felonious assault with intent to kill one Sam Staples, and assessing his punishment at a fine of one hundred dollars. The appeal was improperly taken to the Kansas City Court of Appeals, from which it has been transferred here, for the reason that said court was without jurisdiction, the prosecution being for the commission of a felony.
The facts disclosed by the record are, in substance, as follows:
The defendant and the prosecuting witness, a boy of about eighteen years, were neighbors living on adjoining farms in Chariton county. J. S. Staples, father of the prosecuting witness, had rented a piece of land from the defendant, and had put in a crop of corn. There was considerable ill-feeling between the parties, resulting from a lawsuit over a crop¡ of wheat raised by Staples on ground rented from the defendant. Some two or three weeks before the shooting, J. S. Staples met the defendant upon the public road, and told him that he would send his boys to gather the corn crop in a short time, whereupon the defendant said, “I give you warning right now to stay off that place, you and your boys; if you don’t you will take the consequences.”
On November 29, 1907, Sam Staples and his two brothers, Alex and James, also Frank Mason, all knowing of the threat which had been made by the defendant, started to gather and haul away said corn. The only convenient way by which to enter or leave the corn field was by a road which led by the defendant’s house. About four o’clock that evening, Sam Staples, the prosecuting witness, started homeward from the field, his wagon loaded with corn. He was sitting behind the bump board in the wagon, and when near the defendant’s house some one fired a shot at him. The shot struck the bump board, which concealed and protected his body, a few of the shot going through a crack in the board, penetrating his clothing and
It may be conceded, as contended for the defendant, that in order to convict the defendant of the crime
State v. Morney, 196 Mo. 43, cited by the defendant, was not nearly so strong a ease for the State as the case in hand. In that case there was no proof of threats or ill-will on the part of the defendant toward the owner of the property which was burned, nor proof that he was in the vicinity for many hours before the fire occurred.
Our conclusion is that there was ample evidence to take the case to the jury, who were the sole judges of its weight, and the court having approved of the verdict we are not inclined to interfere.
The judgment is.affirmed.