State v. Dunn
Supreme Court of Missouri
Appeal from JYewton Circuit Court. The defendant was indicted, and convicted of murder in the first degree, for the killing of one Henry Knowl. At the trial, Uriah Carroll, a witness for the State, testified that he was working in the field of defendant, his uncle, on the day Knowl received the injuries of which he died. When he returned home to his uncle’s house at sundown, he found the prisoner and Knowl there, both considerably intoxicated.
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Appeal from JYewton Circuit Court. The defendant was indicted, and convicted of murder in the first degree, for the killing of one Henry Knowl. At the trial, Uriah Carroll, a witness for the State, testified that he was working in the field of defendant, his uncle, on the day Knowl received the injuries of which he died. When he returned home to his uncle’s house at sundown, he found the prisoner and Knowl there, both considerably intoxicated. After making a fire and bringing a bucket o£ water, witness went out to feed the stock. While thus engaged, a difficulty commenc- ' ed in the house. He…
1Opinion of the CourtScott, Judge
1. For the instructions given by the court, at the instance of the circuit attorney, this judgment must be reversed. The first instruction given cannot be sustained. A question of law should not be referred to a jury. What is a sufficient provocation to make what otherwise would be murder a less offence, is a question of law. The facts are found by the jury, and the court declares the law arising upon them, as they may be found. There can be no difficulty in such cases. If there is evidence tending to establish the facts constituting a provocation sufficient to extenuate murder, the jury…
2Cited by18 opinions
- State v. StarrSupreme Court of Missouri · 1866
- State v. HolmeSupreme Court of Missouri · 1873
- State v. HaysSupreme Court of Missouri · 1856
- Binns v. StateIndiana Supreme Court · 1879
- State v. SmithNew Mexico Supreme Court · 1921
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