State v. Grugin
Supreme Court of Missouri
Appeal from Macon Circuit Courts — JLon. Andrew Ellison, Judge! (1) The court takes the view and declares to the jury that excitement and agitation in the mind of the defendant, and a heated state of the blood produced by lawful provocation, could only be considered in reducing the homicide-from murder in the first degree to that of murder iu the second degree.
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Appeal from Macon Circuit Courts — JLon. Andrew Ellison, Judge! (1) The court takes the view and declares to the jury that excitement and agitation in the mind of the defendant, and a heated state of the blood produced by lawful provocation, could only be considered in reducing the homicide-from murder in the first degree to that of murder iu the second degree. If such facts and state of mind existed, as assumed in the instruction, they should have been considered as reducing the offense to one of the degrees of manslaughter, if not a justification. Bleat of blood, resulting from lawful…
1Opinion of the CourtSherwood, J.
— The appeal in this instance is taken by defendant from the judgment of the trial court, which, based on the verdict of the jury, adjudged and sentenced *43Mm to the penitentiary for the term of fifteen years as punishment for the crime of murder in the second degree.
The indictment was for murder in the first degree. There had been a mistrial, at the end of wMch defendant was admitted to bail in the sum of $5,000.
Briefly told, the substance and general outline of the evidence is this: Jeff Hadley who was hilled on the sixth of May, 1896, had about a year prior to that date, induced Louella, one…
2Cases cited9 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- State v. HolmeSupreme Court of Missouri · 1873
- Cheek v. StateIndiana Supreme Court · 1871
- Biggs v. StateSupreme Court of Georgia · 1860
- State v. AlbrightSupreme Court of Missouri · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Commonwealth v. SchnoppsMassachusetts Supreme Judicial Court · 1981
- Johnson v. StateWisconsin Supreme Court · 1906
- State v. HazletNorth Dakota Supreme Court · 1907
- Commonwealth v. BermudezMassachusetts Supreme Judicial Court · 1976
- State v. FergusonSupreme Court of Missouri · 1944
25 more not listed; retrieve them via the Exa API.