State v. Schieller
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. Henby L. Edmunds, Judge. (1) All the testimony showed either murder in the first degree, or manslaughter in the third or fourth degrees. The fact that the indictment charged murder in the second degree, did not warrant the court to instruct for that grade of homicide, unless there was evidence tending to sustain it. Instructions should be confined to the case made out by the testimony.
Read the full summary
Appeal from St. Louis Criminal Court. — Hon. Henby L. Edmunds, Judge. (1) All the testimony showed either murder in the first degree, or manslaughter in the third or fourth degrees. The fact that the indictment charged murder in the second degree, did not warrant the court to instruct for that grade of homicide, unless there was evidence tending to sustain it. Instructions should be confined to the case made out by the testimony. State v. Lewis, 118 Mo. 79; State v. Brady, 87 Mo. 142; State v. Wilson, 88 Mo. 13. The indictment did not permit an instruction for murder in the first degree, and…
1Opinion of the CourtShebwood, J.
The defendant appeals from a judgment on a verdict of guilty of murder in the second degree, his punishment being assessed at ten years in the penitentiary. The indictment charges the murder to have been done with a knife, and that defendant did the stabbing “feloniously, willfully and of his malice aforethought.”
The testimony in this cause is excessively voluminous, covering over three hundred and twenty pages, most of them typewritten, showing very plainly the abuses which • stenography has introduced into our practice.
Going through the record, however, we find the substance of the evidence…
2Cases cited2 opinions
- State v. LoweSupreme Court of Missouri · 1887
- State v. MoxleySupreme Court of Missouri · 1893
3Cited by5 opinions
- State v. BobbittSupreme Court of Missouri · 1908
- McPherson v. StateIndiana Supreme Court · 1912
- State v. WilsonSupreme Court of Missouri · 1910
- State v. RollinsSupreme Court of Missouri · 1910
- State v. JacobsSupreme Court of Missouri · 1899