State v. Bobbst
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — lion. Edgar B. Woolfolh, Judge. (1) The action of the court in setting this cause down for trial in the absence of the defendant necessitates a reversal. State v. Warner, 165 Mo. 399. (2) The court erred in assuming in the State’s instructions numbers one to fifteen inclusive that the defendant admitted the fact of having shot and killed his wife.
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Appeal from St. Charles Circuit Court. — lion. Edgar B. Woolfolh, Judge. (1) The action of the court in setting this cause down for trial in the absence of the defendant necessitates a reversal. State v. Warner, 165 Mo. 399. (2) The court erred in assuming in the State’s instructions numbers one to fifteen inclusive that the defendant admitted the fact of having shot and killed his wife. (3) In State’s instruction number three the court erred in its definition of the word ‘ ‘ deliberately, ’ ’. and in further instructing the jury that in this case there is no evidence tending to show the…
1Opinion of the Court
WILLIAMS, C.
Upon an indictment charging him with murder in the first degree for killing his wife, defendant was tried in the circuit court of St. Charles County, found guilty and his punishment assessed at imprisonment in the penitentiary for life. Defendant has duly appealed.
The killing occurred about 4:30 a. m., November 10, 1914, at the home of defendant’s wife, in the city of St. Charles. For several months prior thereto defendant and his wife were living apart. She, together with her daughter Beulah, and a young man named Henry, a boarder, occupied a three-room house in St. Charles.
It…
2Cases cited14 opinions
- State v. MoxleySupreme Court of Missouri · 1890
- State v. EllisSupreme Court of Missouri · 1881
- State v. DonnellySupreme Court of Missouri · 1895
- State v. LoweSupreme Court of Missouri · 1887
- State v. DavidSupreme Court of Missouri · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. ShawleySupreme Court of Missouri · 1933
- State v. RichettiSupreme Court of Missouri · 1938
- State v. DavisSupreme Court of Missouri · 1966
- State v. BarbataSupreme Court of Missouri · 1935
- State v. CheekSupreme Court of Missouri · 1967
15 more not listed; retrieve them via the Exa API.