Legal Opinion

State v. Stephens

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 4 opinions

Appeal from Jackson Criminal Court. — Hon. Henry P. White, Judge. The court erred in the definition of murder in the first degree and, particularly, in the definition of the word “deliberately,” when distinguishing between murder in the first degree and murder in the second degree. State v. Ellis, 74 Mo. 207 ; s. c., 11 Mo.

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Appeal from Jackson Criminal Court. — Hon. Henry P. White, Judge. The court erred in the definition of murder in the first degree and, particularly, in the definition of the word “deliberately,” when distinguishing between murder in the first degree and murder in the second degree. State v. Ellis, 74 Mo. 207 ; s. c., 11 Mo. App. 587; State v. Lewis, 74 Mo. 222; State v. Weiners, 66 Mo. 13 ; State v. Curtis, 70 Mo. 594; State v. Sharp, 71 Mo. 218; State v. Simms, 71 Mo. 538 ; State v. Hobinson, 73 Mo. 306; State v. McGinnis, 76 Mo. 362; State v. Hose, 14 Mo. App. 567 ; State v. Eaton, 75 Mo.…

1Opinion of the CourtSherwood, J.

The defendant was indicted for murder in the first degree. The charge in the indictment was that he shot and killed one Thomas Kelly in Kansas City, Missouri, on the fourteenth day of July, 1887. In January, 1888, he was tried, convicted as charged, and appealed to this court.

The testimony and evidence on the part of the state, is substantially as follows: Defendant was employed *640in a shooting-gallery in Kansas City, Missouri. On the evening of the fourteenth day of July, 1887, the deceased, with whom the defendant had been acquainted about a week, came to the gallery and picked up the gun and…

2Cases cited1 opinion

  1. State v. EllisSupreme Court of Missouri · 1881

3Cited by4 opinions

  1. State v. SmithSupreme Court of Missouri · 1893
  2. Myers v. StateTennessee Supreme Court · 1947
  3. State v. GarrisonSupreme Court of Missouri · 1899
  4. State v. JackettSupreme Court of Kansas · 1909

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