Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 81 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...by statute. R. S. 1879, Q 1884. 3. Change of Venue: DISCRETION or TRIAL cover. In the absence of evidence in the record showing, or tending to show, that the trial court abused its discretion in denying an application for a change of venue, the Supreme Court will not disturb its ruling. Appeal from Howell Circuit C0urt.--HoN. J. R. Woonsrnn, Judge. Milwau There was no repugnancy in the charge that the striking and wounding were in the breast, and the mortal Wound so given was in and through the body. The breast is a part of the body. The indictment need not state upon what part of the body the wound was given, nor describe the wound. State v. Edmundson, 64 Mo. 398; State v. Sanders, 76 Mo. 35. It is only necessary to allege an assault, its nature, a mortal wounding and death from such Wounds within a year and a day from their infliction. State v. Blan, 69 Mo. 317; People v. Ifing, 27 Cal. 507; Jones v. State, 35 Ind. 122. It was not error in the court to overrule defendant's application for a continuance. Defendant did not show in his aflidavit where the absent witnesses resided, or might be found, as required by the statute. R. S. 1879, 1884. The afiidavit, itself, reveals the fact that subpcenas had been issued and could not be served, because the witnesses could not be found. It is in cases of this kind that the admissions may be made by the State, as provided by section 1886, and a continuance prevented. State v. Ifickman, 75 Mo. 419. The record contains nothing to show that the court abused its discretion in overruling defendant's application for a change of venue. It was a matter resting in the discretion of the trial court. R. S. 1879, 1859; State v. Whitton, 68 Mo. 91; State v. Guy, 69 Mo. 431; State v....