State v. Sexton
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. P. C. Stepp, .Judge. (1) Tbe circumstantial evidence made out a case against the defendant without the dying declarations of the deceased, Nathaniel Starks. It would be a case where the killing could be inferred without anything else appearing. The doctrine laid down in State v. Frazier, 181 Mo. 311, is applicable. State v. Holmes, 54 Mo. 133; State v. Grant, 76 Mo. 236; State y.
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Appeal from Mercer Circuit Court. — Hon. P. C. Stepp, .Judge. (1) Tbe circumstantial evidence made out a case against the defendant without the dying declarations of the deceased, Nathaniel Starks. It would be a case where the killing could be inferred without anything else appearing. The doctrine laid down in State v. Frazier, 181 Mo. 311, is applicable. State v. Holmes, 54 Mo. 133; State v. Grant, 76 Mo. 236; State y. Anderson, 89 Mo. 312; State v. Tabor, 95 Mo. 385; State y. Evans, 124 Mo. 411; State v. Yonng, 119 Mo. 525. Under such state of facts, tbe law would presume that tbe homicide…
1Opinion of the CourtSherwood, J.
— Ira Sexton, twenty-three years old, has been convicted of murder in the first degree, the charge being that Nathan Stark was killed by him with a pistol.
Luvilla Anderson was also charged in the same indictment with aiding and abetting, etc., in the murder; she was the sister-in-law of defendant, who had been married about five days and was, at the time of the homicide, living at Newt, or “Buff” Melton’s, who was a brother of Luvilla Anderson’s.
Buff Melton lived a quarter of a mile from where Nathan Stark lived, who was a bachelor, thirty-six years old, and lived by himself on a small farm,…
2Cases cited9 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. TaylorSupreme Court of Missouri · 1896
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HopperSupreme Court of Missouri · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. SwinburneSupreme Court of Missouri · 1959
- State v. GloverSupreme Court of Missouri · 1932
- Wolfe v. StateIndiana Supreme Court · 1928
- Hedger v. StateWisconsin Supreme Court · 1911
- Sloan v. StateSupreme Court of Florida · 1915
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