State v. Fairlamb
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Hon. Angus Cox, Judge. (1) There was no evidence to warrant an instruction for murder in the first degree. The killing was not by means of poison, lying in wait, or in the attempt to perpetrate any of the five felonies mentioned in section 3459, Revised Statutes, nor by any means or in any mode ejusdem generis therewith.
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Appeal from Polk Circuit Court. — Hon. Angus Cox, Judge. (1) There was no evidence to warrant an instruction for murder in the first degree. The killing was not by means of poison, lying in wait, or in the attempt to perpetrate any of the five felonies mentioned in section 3459, Revised Statutes, nor by any means or in any mode ejusdem generis therewith. It is settled law in Missouri that “where general words follow special words” in a statute, the latter must be limited to the same generic character or class of things mentioned in the specific words. St. Louis v. Laughlin, 49 Mo. 559;…
1Opinion of the CourtBuegess, J.
Defendant was convicted of murder of the first degree in shooting with a shotgun and killing one George C. Wells. Deceased had won some money on a horse race, in which defendant claimed to have an interest and over this matter a controversy arose "between them in which the homicide occurred.
Deceased had promised to meet defendant at a hotel in the city of Bolivar at night to settle up the matter where defendant waited for him until after 10 o’clock, and, he failing to appear, defendant went to his home, got a single-barreled repeating shotgun, and went out to the fair grounds near Bolivar…
2Cases cited42 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. WienersSupreme Court of Missouri · 1877
- State v. YoungSupreme Court of Missouri · 1894
- State v. HopperSupreme Court of Missouri · 1880
- State v. OrrickSupreme Court of Missouri · 1891
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3Cited by55 opinions
- People v. SandersCalifornia Supreme Court · 1896
- State v. SnyderSupreme Court of Missouri · 1904
- State v. WalkerSupreme Court of Iowa · 1921
- State v. RussellUtah Supreme Court · 1944
- State v. DavidSupreme Court of Missouri · 1895
50 more not listed; retrieve them via the Exa API.