St. Louis, Mo., Oct. 3.-
Declaring the supreme court's ruling placed an insurmountable object in the way of the state in the further prosecution of Zach Mulhall, who was convicted on January 25, 1905, by a jury in criminal division No. 11, circuit court, of assault to kill without malice aforethought, and given three years in the penitentiary, Assistant Circuit Attorney Grant Gillespie entered a nolle prosequl in the case. Mulhall was convicted of wounding Ernest Morgan, a youth, on June 18, 1904. The shooting occurred at CUmming's Wild West Show on the Pike at the World's Fair. Mulhall and Frank Reed, a cowboy, engaged in a duel in the Wild West inclosure and Morgan was struck by a stray bullet.

The state was unable to secure Reed as a witness. The supreme court held the shooting of Morgan was virtually accidental, setting forth that in the case of assault with intent to kill the intent followed the bullet.

Inasmuch as Mulhall was shooting at Reed and struct Morgan there was no intent, it was held.

Morgan sued Mulhall for damages in the civil courts and got judgment for $5,000. The verdict was appealed.