State v. Cushing
Supreme Court of Missouri
Appeal from St. Franpois Circuit Court. The following is a portion of the charge of the court to the jury: “ Murder in the second decree differs from murder in the first degree more in the nature and quality of the evidence necessary in each degree than in the character of the constituent facts pertaining to each; for, in murder in the first degree the law requires that the deliberate purpose to take life or do some great bodily harm should be shown and established by the…
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Appeal from St. Franpois Circuit Court. The following is a portion of the charge of the court to the jury: “ Murder in the second decree differs from murder in the first degree more in the nature and quality of the evidence necessary in each degree than in the character of the constituent facts pertaining to each; for, in murder in the first degree the law requires that the deliberate purpose to take life or do some great bodily harm should be shown and established by the evidence, and by evidence alone ; such evidence as of its own proper and natural weight establishes affirmatively the…
1Opinion of the CourtNapton, Judge
An examination of the testimony in this case has satisfied us that if the jury committed any error in their verdict, it was an error in favor of the accused.
The instructions upon which the case was tried are substantially correct. The one chiefly complained of, concerning murder in the second degree, appears to, conform-to the views expressed by this court in the case of the State v. Phillips & Ross, 24 Mo. 488.)
The instructions asked by .the defendant were, in our opinion, properly refused. The first is an instruction directing the jury to disregard the entire evidence of a witness, if they…
2Cases cited1 opinion
- State v. PhillipsSupreme Court of Missouri · 1857
3Cited by11 opinions
- State v. YoungSupreme Court of Missouri · 1889
- State v. PatrickSupreme Court of Missouri · 1891
- Brown v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- State v. WhipkeySupreme Court of Missouri · 1948
- State v. SmithSupreme Court of Missouri · 1873
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