Legal Opinion

State v. Garrett

Supreme Court of Missouri

Decided December 23, 1918PublishedCited by 7 opinions

Appeal from Saline County Criminal Court. — Hon. John A. Rich, Judge. (1) The failure of the trial court to define the word “deliberately” in its instructions to the jury was not reversible error, (a) An instruction defining “deliberately” was not necessary in this case, because the evidence shows that the murder was committed while the defendant was, engaged in the perpetration of a robbery.

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Appeal from Saline County Criminal Court. — Hon. John A. Rich, Judge. (1) The failure of the trial court to define the word “deliberately” in its instructions to the jury was not reversible error, (a) An instruction defining “deliberately” was not necessary in this case, because the evidence shows that the murder was committed while the defendant was, engaged in the perpetration of a robbery. Sec. 4448, R. S. 1909; State v. Bobbitt, 215 Mo. 39; State v. Daly, 210 Mo. 679; State v. Foster, 136 Mo. 655; State v. Schmidt, 136 Mo. 651; State v. Meyers, 99 Mo. 112; State v. Hopkirk, 84 Mo. 287;…

1Opinion of the Court

WHITE, C.

The appellant was found guilty of murder in the first degree in the criminal court of Saline County. He was charged with having killed, on *305the sixth day of January, 1917, Mrs. Sarah J. Campbell, a widow sixty-five years of age.

Mrs. Campbell lived at New Frankfort, a small town on the south side of the Missouri River, in Saline County. Her husband had died in June, 1916. It was reputed in the neighborhood that Mrs. Campbell kept a large amount of money about the house. During her husband’s life they had manufactured and sold large quantities of wine on the premises. After his death,…

2Cases cited15 opinions

  1. State v. EllisSupreme Court of Missouri · 1881
  2. Smith v. FordyceSupreme Court of Missouri · 1905
  3. State v. WardSupreme Court of Missouri · 1881
  4. State v. TettatonSupreme Court of Missouri · 1901
  5. State v. KotovskySupreme Court of Missouri · 1881

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. MaxwellMissouri Court of Appeals · 1973
  2. State v. GarrettSupreme Court of Missouri · 1920
  3. State v. PeakSupreme Court of Missouri · 1922
  4. State v. ButlerMissouri Court of Appeals · 1958
  5. State v. LamanceSupreme Court of Missouri · 1941

2 more not listed; retrieve them via the Exa API.

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