State v. Byrne
Supreme Court of Missouri
Appeal from, Gape Girardeau Circuit Court. The following were the only instructions given to the jury : “ The jury will acquit unless the evidence exclude from their minds all reasonable doubt as to the guilt of accused. The conduct of tbe accused, before and after the death of Thomas J. Calhoun, may be taken into consideration in determining the guilt or innocence of the accused.
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Appeal from, Gape Girardeau Circuit Court. The following were the only instructions given to the jury : “ The jury will acquit unless the evidence exclude from their minds all reasonable doubt as to the guilt of accused. The conduct of tbe accused, before and after the death of Thomas J. Calhoun, may be taken into consideration in determining the guilt or innocence of the accused. The character of the accused for peace and humanity may also be taken into consideration, and such weight given thereto in repelling presumptions of guilt as the jury may think it entitled to from the evidence in…
1Opinion of the CourtRyland, Judge
The defendant, William Byrne, was indicted at a special term of the Circuit Court of the county of Scott, held on the fourth Monday of June, in the year 1855, for the murder of Thomas J. Calhoun. On the same day that the indictment was returned into court .by the grand jury, viz., on the 26th of June, 1855, the defendant, then in the custody of the sheriff of Scott county, appeared in court and filed his petition, verified by his oath, praying for a change of venue in this case. The venue was changed accordingly, and on his application, to the county of Cape Girardeau, and the defendant was…
2Cited by1 opinion
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