State v. Stockwell
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Hon. J. D. Fox, Judge. (1) The killing was clearly accidental, and the instruction on, and conviction of, manslaughter cannot be supported. This is not a case where the shooting, though unintentional, resulted from negligence in handling a firearm, such as to indicate carelessness or recklessness incompatible with a proper regard for human life.
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Appeal from St. Francois Circuit Court. — Hon. J. D. Fox, Judge. (1) The killing was clearly accidental, and the instruction on, and conviction of, manslaughter cannot be supported. This is not a case where the shooting, though unintentional, resulted from negligence in handling a firearm, such as to indicate carelessness or recklessness incompatible with a proper regard for human life. State v. Emory, 78 Mo, 77. Nor does it come within the.construction of the statute relating to manslaughter in the fourth degree, given by the court in State v. Edwards, 70 Mo. 480; State v. Dunn, 80 Mo. 681.…
1Opinion of the CourtThomas, J.
Defendant was jointly indicted with his father, Thomas Stockwell, in the circuit court of St. Francois .county in February, 1887, for the killing of Juda Bess. Upon a trial had, Thomas Stockwell was acquitted, but the defendant was convicted of manslaughter of the fourth degree, and sentenced to imprisonment in the penitentiary for a term of two years.
The difficulty out of which this prosecution grew occurred on the sixteenth of November, 18S6, in St. Francois county. ' At the time, Robert Stockwell, the appellant, lived on a farm in said county, the legal title to which was in his wife.…
2Cases cited1 opinion
- State v. GeeSupreme Court of Missouri · 1885
3Cited by2 opinions
- State v. WilsonSupreme Court of Missouri · 1913
- State v. YatesSupreme Court of Missouri · 1923