State v. Ball
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. The instructions numbered one and five, mentioned in the opinion of the court, are as follows : “ 1. If the jury believe from the testimony that Ball formed a determination in his own mind to kill Mark; that this determination was deliberately formed before the act of killing took place ; and that after such determination was so formed, he did in pursuance thereof commit the act of killing in the manner charged in the indictment, then…
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Appeal from St. Charles Circuit Court. The instructions numbered one and five, mentioned in the opinion of the court, are as follows : “ 1. If the jury believe from the testimony that Ball formed a determination in his own mind to kill Mark; that this determination was deliberately formed before the act of killing took place ; and that after such determination was so formed, he did in pursuance thereof commit the act of killing in the manner charged in the indictment, then the prisoner is guilty of murder.” “ 5. If the jury believe from-the evidence that the defendant had reasonable cause to…
1Opinion of the CourtNapton, Judge
In capital cases the record should show that the prisoner was present when the verdict is rendered, and that he was asked, before judgment pronounced, if he has any thing to. say why sentence of death should not be passed. In England, this is considered necessary even in clergyable felonies; but no decisions have been found in that country where the omission of the allocution alone is held fatal except in cases of high treason. (1 Chitty C. L. 700; 2 Salk. 630; 3 Salk. *326358.) We observe no case in this country where the judgment has been reversed for this clause alone, even where the case…
2Cited by25 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- State v. RossSupreme Court of Missouri · 1859
- Ex parte GibsonCalifornia Supreme Court · 1867
- Gannon v. PeopleIllinois Supreme Court · 1889
- Bressler v. PeopleIllinois Supreme Court · 1886
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