State v. Hudson
Supreme Court of Missouri
Appeal from Holt Circuit Court. I. Instruction 10 is without precedent. It assumes that the evidence proves the defendant guilty of murder, requiring the jury to find the degree only.
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Appeal from Holt Circuit Court. I. Instruction 10 is without precedent. It assumes that the evidence proves the defendant guilty of murder, requiring the jury to find the degree only. (State vs. Smith, 53 Mo., 267; State vs. Ilundley, 46 Mo., 415, 421-2; Schneer vs. Lemp, 17 Mo., 142; Fine vs. St. L. P. S. 30 Mo., 166; State vs. Cushing, 29 Mo., 215; Scroggin vs. Wilson, 13 Mo., 80 ; Labeaume vs. Dodier, 1 Mo. 618; Glasgow vs. Copeland, 8 Mo., 268 ; State vs. Packwood, 26 Mo., 363; Chappell vs. Allen, 38 Mo., 213 ; State vs. Ostrander, 30 Mo., 12.)
1Opinion of the CourtWagner, Judge
The defendant was indicted for murder in the first degree in killing one William Dougherty, and his trial resulted in *136conviction for murder in tile second degree and he was sentenced to imprisonment in the penitentiary.
The evidence is brief and there is no conflict in it. It seems that a man by the name of Scott and the deceased were sitting upon a fence, and the defendant came out of a saloon and approached them. Scott then had some words with the defendant and told him that he was going to make a son of the deceased whip him when he got well. At this the defendant declared that “none of the…
2Cases cited4 opinions
- State v. StarrSupreme Court of Missouri · 1866
- State v. SchoenwaldSupreme Court of Missouri · 1860
- State v. SaundersSupreme Court of Missouri · 1873
- State v. JoeckelSupreme Court of Missouri · 1869
3Cited by15 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. LaneSupreme Court of Missouri · 1876
- State v. ZornSupreme Court of Missouri · 1907
- State v. GrayOregon Supreme Court · 1905
- State v. GassertSupreme Court of Missouri · 1877
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