Legal Opinion

State v. McCoy

Supreme Court of Missouri

Decided March 15, 1864PublishedCited by 13 opinions

Appeal from St. Louis Criminal Court. The decision of the Supreme Court in the case of the State v. Baldwin, 11 Mo., by which the court (sitting as a nisi prius judge) was undoubtedly governed in framing his charge to the jury in this case, and upon which decision the State here principally relies ; as also the decision in the case of Clary v. Clary, 2 Iredell, by which the court in the case of State v. Baldwin seems to have been governed, seem at first view to establish the…

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Appeal from St. Louis Criminal Court. The decision of the Supreme Court in the case of the State v. Baldwin, 11 Mo., by which the court (sitting as a nisi prius judge) was undoubtedly governed in framing his charge to the jury in this case, and upon which decision the State here principally relies ; as also the decision in the case of Clary v. Clary, 2 Iredell, by which the court in the case of State v. Baldwin seems to have been governed, seem at first view to establish the rule of law laid down by the court in this ease. But it will be borne in mind that the quantity . of testimony…

1Opinion of the CourtBay, Judge

At the May term, 1863, of the St. Louis Criminal Court, the defendant was indicted for the murder of Catharine Moran, alleged to have been committed on the 20th of April, 1863. Upon the trial, the killing was admitted, and the plea of insanity set up by the prisoner’s counsel. Being convicted of murder in the first degree, a motion was made for a new trial, which was overruled, and the defendant now appeals to this court. The main ground relied upon by defendant’s coxmsel for a reversal of the judgment is the giving by the court below of the 2d, 3d and 13th instructions, which are as follows:

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2Cases cited1 opinion

  1. State v. HutingSupreme Court of Missouri · 1855

3Cited by13 opinions

  1. State v. LewisNevada Supreme Court · 1889
  2. State v. HundleySupreme Court of Missouri · 1870
  3. State v. MurphySupreme Court of Missouri · 1936
  4. State v. SmithSupreme Court of Missouri · 1873
  5. State v. KlingerSupreme Court of Missouri · 1868

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