State v. Harkins
Supreme Court of Missouri
Appeal from Ozark Circuit Court.—Hon. John P. Hale, Judge. (1) Instruction, number 1 contains tbe words “wilfully” and “maliciously” which are not defined or explained in any of the instructions given.
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Appeal from Ozark Circuit Court.—Hon. John P. Hale, Judge. (1) Instruction, number 1 contains tbe words “wilfully” and “maliciously” which are not defined or explained in any of the instructions given. (2) The prosecuting attorney in his closing argument to the jury, and while the judge was absent from the court room, said: “When this offense was reported to me as the prosecuting officer of your county, I investigated the matter and became thoroughly satisfied of the guilt of the defendant Harkins ; I discharged Carroll because I knew that he was under Harkins’ control, and that Harkins was…
1Opinion of the CourtSherwood, J.
Indictment for arson under the provisions of section 1288. A grist mill was the subject of the crime. One Caldwell was alleged to be the owner. The defendant and one, Thomas Carroll, were jointly indicted for the crime. A special term was called by the judge of said court upon the written request of defendant’s attorneys and the prosecuting attorney, and upon due notice from the sheriff of said county. The special-term was ordered for June 4, but the judge not appearing on that day the sheriff adjourned said court until the next day ( June 5).
The state dismissed the case as to Thomas Carroll,…
2Cases cited6 opinions
- State v. WalkerSupreme Court of Missouri · 1888
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- State v. JohnsonSupreme Court of Missouri · 1882
- State v. JonesSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. LangSupreme Court of Missouri · 1974
- State v. DonnellySupreme Court of Missouri · 1895
- State v. KennedySupreme Court of Missouri · 1900
- State v. MarcksSupreme Court of Missouri · 1897
- State v. HendersonSupreme Court of Missouri · 1905
18 more not listed; retrieve them via the Exa API.