State v. Gregory
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — No». N. C. Riley, Judge. ■ (1) The information was filed by the prosecuting attorney upon his own knowledge, information and belief, and not upon the affidavit of any person who was a competent witness in the case as the law directs. R. S. 1899, sec. 2478. (2) It is the duty of the court in criminal cases to instruct the jury upon all phases of the case whether the instructions are requested or not.
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Appeal from New Madrid Circuit Court. — No». N. C. Riley, Judge. ■ (1) The information was filed by the prosecuting attorney upon his own knowledge, information and belief, and not upon the affidavit of any person who was a competent witness in the case as the law directs. R. S. 1899, sec. 2478. (2) It is the duty of the court in criminal cases to instruct the jury upon all phases of the case whether the instructions are requested or not. Laws 1901, p. 140; State v. Branstetter, 65 Mo. 149; State v. Gassert, 65 Mo. 352; State v. Little, 67 Mo. 624; 57 Mo. 131; 62 Mo. 597; 64 Mo. 107. The…
1Opinion of the CourtGantt, P. J.
From a conviction of murder in the first degree the defendant appeals. The murder was charged to have been committed in New Madrid county on August 19, 1902. The trial and conviction occurred in said county on December 5, 1902. On August 19, 1902, the negroes in and around Sikeston had a picnic or barbecue in Big Prairie township on what is locally known as Frank Smith’s place. It would seem that both whites and blacks attended the barbecue, separate tables having been provided for each.
Late in the evening several young white men, among others the deceased, George Marshall, went to this…
2Cases cited9 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. CantlinSupreme Court of Missouri · 1893
- State v. DuncanSupreme Court of Missouri · 1893
- State v. DavidSupreme Court of Missouri · 1895
- State v. AlbrightSupreme Court of Missouri · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People ex rel. MacSherry v. EnrightNew York Supreme Court · 1920
- State v. MyersSupreme Court of Missouri · 1943
- City of MacOn v. RennickMissouri Court of Appeals · 1931
- State v. StanleyMissouri Court of Appeals · 1925
- Missouri v. JumpMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.