Legal Opinion

State v. Sebastian

Supreme Court of Missouri

Decided December 15, 1908PublishedCited by 16 opinions

Appeal from Monroe Circuit Court. — Eon. D. E. Eby, Judge. (1) (a) Defendant insists that under all the evidence, instruction 6, on second degree murder, should not have heen given. The evidence tends to prove murder in the first degree, or justifiable homicide, only. The case was tried on the theory, hy the State, that defendant “ brought on or provoked the combat.”

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Appeal from Monroe Circuit Court. — Eon. D. E. Eby, Judge. (1) (a) Defendant insists that under all the evidence, instruction 6, on second degree murder, should not have heen given. The evidence tends to prove murder in the first degree, or justifiable homicide, only. The case was tried on the theory, hy the State, that defendant “ brought on or provoked the combat.” This being the theory of the State, and supported as, it claims by'the testimony, this instruction should not have been given. State v. Kilgow, 70 Mo. 546. (b) Defendant complains of the action of the court in giving instruction…

1Opinion of the CourtFox, P. J.

This cause is now pending before this court upon appeal by the defendant from a judgment of the circuit court of Monroe county, Missouri, convicting him of murder in the second degree. On the 14th day of December, 1906, the grand jury of Monroe county returned an indictment against, the defendant charging him with murder in the first degree, which indictment, omitting formal parts, was in the following form:

‘ ‘ The grand jurors for the State of Missouri, summoned from the body of Monroe county, being duly impaneled, charged and sworn to inquire within and for the body of said Monroe county,…

2Cases cited21 opinions

  1. State v. UnderwoodSupreme Court of Missouri · 1874
  2. State v. BillingsSupreme Court of Missouri · 1897
  3. State v. GartrellMissouri Court of Appeals · 1903
  4. State v. ScottSupreme Court of Missouri · 1903
  5. State v. SperitusSupreme Court of Missouri · 1905

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

3Cited by16 opinions

  1. State v. McGeeSupreme Court of Missouri · 1935
  2. State v. ShawleySupreme Court of Missouri · 1933
  3. State v. DavisSupreme Court of Missouri · 1966
  4. State v. MaloneSupreme Court of Missouri · 1933
  5. State v. BongardSupreme Court of Missouri · 1932

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

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