State v. Morehead
Supreme Court of Missouri
Appeal from Mississippi Court. — Hon. Frank Kelly, Judge. We know that there are cases in Missouri which hold that where a defendant is indicted for murder in the first degree and convicted of a lesser degree of homicide, he cannot complain of an instruction as to murder in the first degree, but we know of no case which holds that it is not reversible error for the court to give an instruction on murder in the first degree when the defendant is only indicted for murder in…
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Appeal from Mississippi Court. — Hon. Frank Kelly, Judge. We know that there are cases in Missouri which hold that where a defendant is indicted for murder in the first degree and convicted of a lesser degree of homicide, he cannot complain of an instruction as to murder in the first degree, but we know of no case which holds that it is not reversible error for the court to give an instruction on murder in the first degree when the defendant is only indicted for murder in the second degree. The verdict of the jury in this case sentencing an old man seventy-nine years old for a term of forty…
1Opinion of the CourtWilliams, J.
Under an indictment charging him with murder in the first degree, defendant was tried in the circuit court of Mississippi County, found guilty of murder in the second degree, and his punishment assessed at forty years’ imprisonment in the penitentiary. Defendant duly appealed to this court.
The evidence tends to show that about 9:30 p. m., November 20, 1914, at the town of Anniston, Mississippi County, Missouri, defendant shot one Roy Jenkins, who, two days later, in a hospital at Cario, Illinois, died from the effects of said shooting. At the time of the shooting the appellant was about…
2Cases cited4 opinions
- State v. SharpSupreme Court of Missouri · 1911
- State v. WilsonSupreme Court of Missouri · 1913
- State v. GriffinSupreme Court of Missouri · 1913
- State v. DuvenickSupreme Court of Missouri · 1911
3Cited by10 opinions
- State v. MasseySupreme Court of Missouri · 1918
- State v. YoungSupreme Court of Missouri · 1926
- State v. ClintonSupreme Court of Missouri · 1919
- State v. BarrSupreme Court of Missouri · 1935
- State v. HascallSupreme Court of Missouri · 1920
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