State v. Webb
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Son. Francis S. Trimble, Judge. (1) Instruction 5, given for the State, is wrong. It places the burden of proof on defendant to show that Inez Walkup killed herself of her own volition and not under the influence of his advice, counsel or assistance. It was the duty of the State to prove •beyond a reasonable doubt that defendant was deliberately. present assisting, counseling and advising her to commit suicide.
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Appeal from Clay Circuit Court. — Son. Francis S. Trimble, Judge. (1) Instruction 5, given for the State, is wrong. It places the burden of proof on defendant to show that Inez Walkup killed herself of her own volition and not under the influence of his advice, counsel or assistance. It was the duty of the State to prove •beyond a reasonable doubt that defendant was deliberately. present assisting, counseling and advising her to commit suicide. The burden does not shift to defendant. State v. Wingo, 66 Mo. 181; State v. Hickam, 95 Mo. 322; State v. Hardelein, 169 Mo. 579; Tobacco Co. v.…
1Opinion of the CourtGantt, P. J.
The defendant has appealed to this court from the conviction of manslaughter in the first degree, at the November term, 1907, of the circuit court of Clay county.
The prosecution was begun on November 7, 1906, by the prosecuting attorney of Clay county filing an information in the circuit court, duly verified, wherein he charged the defendant with having on the 11th day of October, 1906, feloniously, deliberately, premeditatedly, on purpose and of his malice aforethought shot and killed one Inez Webb. He was duly arraigned and entered his plea of not guilty and the cause as above stated was…
2Cases cited3 opinions
- State v. DarrahSupreme Court of Missouri · 1899
- State v. HardeleinSupreme Court of Missouri · 1902
- In Re Amendments to Rules 1 and 10Supreme Court of the United States · 1882
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