State v. Weagley
Supreme Court of Missouri
Appeal from Olay Circuit Court. — Hon. Frank P. Divel-biss, Judge. (1) Under tlie testimony in this case, the defendant was guilty either of murder in the first degree or nothing. If defendant was saue at tlic time of tlio commission of the offense, he was guilty of murder in the first degree because every element of that crime was present.
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Appeal from Olay Circuit Court. — Hon. Frank P. Divel-biss, Judge. (1) Under tlie testimony in this case, the defendant was guilty either of murder in the first degree or nothing. If defendant was saue at tlic time of tlio commission of the offense, he was guilty of murder in the first degree because every element of that crime was present. The court, without any testimony warranting it, gave an instruction on murder in the second degree and the defendant was convicted of murder in the second degree. This was error on the part of the court because there was no testimony warranting such an…
1Opinion of the CourtWalker, J.
The appellant was charged by indictment in the Circuit Court of Clay County with murder in the first degree. Upon a trial he was convicted of murder in the second degree, and his punishment assessed at twenty years.’ imprisonment in the penitentiary. From this judgment he appeals.
Appellant, a young man about 24 years of age, resided with his parents on a farm in Clay County. In the same neighborhood lived a Miss Clements. She and the appellant had been sweethearts for a number of 3?ears, and until the -day of the tragedy they had been engaged to be married. On that day he received a let ter…
2Cases cited5 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. BobbittSupreme Court of Missouri · 1908
- State v. ClintonSupreme Court of Missouri · 1919
- State v. RobertsonSupreme Court of Missouri · 1903
- State v. MarshMissouri Court of Appeals · 1903
3Cited by12 opinions
- State v. GreenUtah Supreme Court · 1931
- State v. JohnsonSupreme Court of Missouri · 1954
- State v. JacksonSupreme Court of Missouri · 1940
- State v. GarrettSupreme Court of Missouri · 1955
- State v. MurphySupreme Court of Missouri · 1937
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