State v. Spencer
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) Hncommunieated threats may be considered by the jury -as a circumstance tending to show that the deceased made an attack State v. Elkins, 63 Mo. 165; State v. Alexander, 66 Mo. 118; State v. Lee, 17 Mo. 167; State v. Sloan, 17 Mo. 611; State v. Keene, 50 Mo. 309; State v. Hayden, 83 Mo. 198; State v. Downs, 91 Mo. 21; State v. Harrod, 102 Mo. 609; State v. Bailey, 91 Mo. 316; State v. McNally, 87 Mo. 619;…
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) Hncommunieated threats may be considered by the jury -as a circumstance tending to show that the deceased made an attack State v. Elkins, 63 Mo. 165; State v. Alexander, 66 Mo. 118; State v. Lee, 17 Mo. 167; State v. Sloan, 17 Mo. 611; State v. Keene, 50 Mo. 309; State v. Hayden, 83 Mo. 198; State v. Downs, 91 Mo. 21; State v. Harrod, 102 Mo. 609; State v. Bailey, 91 Mo. 316; State v. McNally, 87 Mo. 619; State v. Hopper, 112 Mo. 178; Dnderhill Crim. Evid., sec. 326; Wharton Orim. Evid.. (9 Ed.), sec. 326. (2) The evidence in…
1Opinion of the CourtGantt, J.
The defendant was indicted, tried, and convicted of murder in the second degree in the Audrain Circuit Court. Erom the conviction he appeals.
The evidence establishes that both the defendant and Benjamin Eddelman resided in Vandalia, Audrain county, .on December 25, 1C99.
Eddelman was a nightwwatch. The city paid him $25 a month and the merchants and others supplemented his salary. *121He was 'about thirty-nine years old. The defendant was twenty-five years old.
John Adkins kept a saloon in Vandalia. He drew the color line by having separate bars for the whites and negroes who patronized him.
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2Cases cited5 opinions
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. BaileySupreme Court of Missouri · 1887
- State v. RiderSupreme Court of Missouri · 1888
- State v. TaylorSupreme Court of Missouri · 1877
- Scott v. EmersonSupreme Court of Missouri · 1852
3Cited by4 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- State v. KelleherSupreme Court of Missouri · 1907
- State v. SovernSupreme Court of Missouri · 1910
- State v. EdwardsSupreme Court of Missouri · 1907