Legal Opinion

State v. Dreher

Supreme Court of Missouri

Decided January 19, 1897PublishedCited by 23 opinions

Appeal from St. Louis Criminal Court. — Hon. Thomas B. Haevey, Judge. (1) The record shows that the management of the case in the trial court by appellant’s attorney was so totally lacking in care and skill that he did not have that fair trial which the constitution guaranties and to which of right he is entitled.

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Appeal from St. Louis Criminal Court. — Hon. Thomas B. Haevey, Judge. (1) The record shows that the management of the case in the trial court by appellant’s attorney was so totally lacking in care and skill that he did not have that fair trial which the constitution guaranties and to which of right he is entitled. White v. Washington, 1 Barnes, 411; Godefroy v. Dalton, 6 Bing. 460; Reece v. Rigby, 4 B. & Aid. 202; Sharp v. Mayor, 31 Barb. 578. (2) The instruction given by the court that one may be partially insane and yet be responsible for criminal acts is contrary to reason and medical…

1Opinion of the CourtGantt, P. J.

The defendant was indicted at the May term, 1894, of the St. Louis criminal court for the murder of Bertha Hunicke on January 29, 1894.

At the same term it was suggested to the court that he was at that time insane and a jury was impaneled to-try his insanity. Their finding was that he had become insane since the killing, and was then insane. Thereupon the criminal court ordered him transferred to the city insane asylum, until he should become sane. At the May term, 1895, the superintendent of the asylum notified the court that he had recovered and another jury was impaneled to try his sanity…

2Cases cited3 opinions

  1. Field v. MatsonSupreme Court of Missouri · 1844
  2. Gehrke v. JodSupreme Court of Missouri · 1875
  3. State v. JonesMissouri Court of Appeals · 1882

3Cited by23 opinions

  1. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  2. Woodell v. StateCourt of Appeals of Maryland · 1960
  3. People v. TomaselliNew York Court of Appeals · 1960
  4. State v. WorleySupreme Court of Missouri · 1963
  5. Tompsett v. State of OhioCourt of Appeals for the Sixth Circuit · 1944

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