State v. Peak
Supreme Court of Missouri
Appeal from Sullivan Circuit Court.—Hon. G. D. Bukgess, Judge. (1) The objection to admission of evidence comes too late in the motion for,a new trial.
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Appeal from Sullivan Circuit Court.—Hon. G. D. Bukgess, Judge. (1) The objection to admission of evidence comes too late in the motion for,a new trial. State v. Blan, 69 Mo. 317 ; State v. Williams, 77 Mo. 310 ; State v. Burnett, 81 Mo. 119. (2) The seventh instruction given for the state, has been sanctioned in the following cases: State v. Linney, 52 Mo. 40 ; State v. Underwood, 57 Mo. 40; State v. Brown, 64 Mo. 367. (3) The ninth instruction correctly defines manslaughter in the third degree. R. S., sec. 1244. (4) The twelfth instruction for the state also correctly declares the law. State…
1Opinion of the Court
Ewing, C.
The defendant was indicted at the, November term, 1881, of the circuit court of Sullivan county, for murder in the second degree, for the killing of one James R. Harbolt, in said county, on the third ■day of October, 1881. He was arraigned at the same term of court, and pleaded “not guilty,” and being then put upon his trial was convicted of manslaughter in the. third degree, and his punishment assessed at imprisonment in the penitentiary for the term of three years. He appealed to this court.
I. The evidence was all admitted without objection, nor-was any evidence which was offered…
2Cases cited8 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. CurtisSupreme Court of Missouri · 1879
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. WilliamsSupreme Court of Missouri · 1883
- State v. LinneySupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. WalkerSupreme Court of Missouri · 1888
- Furst v. StateNebraska Supreme Court · 1891
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- State v. MaySupreme Court of Missouri · 1903
- State v. TurnerSupreme Court of Missouri · 1892
7 more not listed; retrieve them via the Exa API.