Legal Opinion

State v. Snow

Supreme Court of Missouri

Decided March 18, 1922PublishedCited by 20 opinions

Appeal from Clinton Circuit Court. — Eon. A. B. Burns, Judge. (1) An intent to kill is essential to murder in either degree. - State v. Kyles, 153 S. W. 1050; State v: Kinder, 184 Mo. 294; State v. Foster, 61 Mo. 554; State v. Underwood, 57 Mo. 49; State v. McKinzie, 102 Mo. 628; State v. G-assert, 65 Mo. 355, 356, 4-Mo. App. 57; State v. Wieners, 66 Mo. 23. (2) An intent to kill cannot be presumed in the absence of a deadly weapon. State v. Gas-serf, 4 Mo.

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Appeal from Clinton Circuit Court. — Eon. A. B. Burns, Judge. (1) An intent to kill is essential to murder in either degree. - State v. Kyles, 153 S. W. 1050; State v: Kinder, 184 Mo. 294; State v. Foster, 61 Mo. 554; State v. Underwood, 57 Mo. 49; State v. McKinzie, 102 Mo. 628; State v. G-assert, 65 Mo. 355, 356, 4-Mo. App. 57; State v. Wieners, 66 Mo. 23. (2) An intent to kill cannot be presumed in the absence of a deadly weapon. State v. Gas-serf, 4 Mo. App. 57; State v. Harrisf 108 S. W. 33. (3) In the absence of a deadly weapon, nothing more appearing than the death, the intent to kill…

1Opinion of the CourtDavid E. Blair, J.

— Defendant, appellant herein, was tried for first, degree murder, was convicted of the same, was sentenced on the verdict to life imprisonment in the penitentiary, and has appealed.

On Tuesday, October 26, 1920, one Dick Wamsley,, aged about twenty years old, a resident of the city of Cameron, was found dead in a house owned and sometimes occupied by the defendant and located in that city. His skull was fractured just above the left ear from a blow from some blunt instrument, and other wounds were found on the body. His body, fully clothed, was discovered lying on a tarpaulin spread over a…

2Cases cited4 opinions

  1. State v. YoungSupreme Court of Missouri · 1894
  2. State v. GoreSupreme Court of Missouri · 1922
  3. State v. MinorSupreme Court of Missouri · 1906
  4. State v. KylesSupreme Court of Missouri · 1913

3Cited by20 opinions

  1. State v. CuckovichSupreme Court of Missouri · 1972
  2. State v. ColeSupreme Court of Missouri · 2002
  3. State v. GlassSupreme Court of Missouri · 2004
  4. State v. WilliamsSupreme Court of Missouri · 1969
  5. State v. CrowSupreme Court of Missouri · 1972

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