State v. . Swann
Cases that cite this one
4 later published cases cite this decision.
- State v. Frisbee. (N.C. 1906)
- State v. Bond (Mo. 1905)
- Keesier v. State (Ind. 1900)
- State v. Clayton (Mo. 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. It is not necessary that an indictment under a statute should be in the very words of the statute — as where the statute makes it indictable and punishable in the Penitentiary for one to shoot atanother with “any kind of firearms,” it is sufficient to charge that it was “ with a certain pistol, then and there, loaded with gunpowder and one leaden bullet,” because the Court can see that this is a “fire-arm.”
And so it was not necessary to charge that it was a “deadly weapon ” in the words of the statute; because the Court will take notice that a loaded pistol within carrying distance is a deadly weapon.
2. The statute, Acts 1868-’69, ch. 167, seo. 8, does not make the offence charged a felony, and therefore it was not necessary to charge that it was done with a felonious intent.
There is no error. This will be certified.
Per Curiam. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.