78 Mo. 240 | Mo. | 1883
At the September term, 1881, of the circuit court of Platte county, the defendant was indicted for the murder of Stephen T. Newman. On his application 'a change of venue was awarded, and the cause sent to the circuit court of Clinton county, and at the March term, 1882, of said court, he was tried and found guilty of murder in the second degree, and his punishment assessed at twenty years’ imprisonment in the penitentiary, and he has prosecuted his appeal from the judgment.
2nd, It is contended that it is not alleged that “ deceased was wounded on the 2nd day of September, 1881, and languished until the 29th day of September, 1881, and then and there died from the effects of the wound.” The language of the indictment is as follows: “Of which mortal wound, the said Stephen T. Newman, from said 2nd day of September, 1881, until the 29th day of September, 1881, at the county aforesaid, did languish, and languishing did live, on which 29th day of September the said Stephen T. Newman, in the 'county aforesaid, of the mortal wound aforesaid, did die.” From this it will be perceived that the objection is unfounded.
Another objection is, that the wound is not so described as to show that it was of a character likely to produce death. It is not necessary that it should. Describing it by its length, width and depth, would not necessarily show that it was a mortal wound. It is sufficient to allege that it was a mortal wound, and caused the death of the party.
The judgment is affirmed.