State v. Turner
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Ho». Alonso D. Burnes, Judge. (1) (a) The court erred in giving’ instruction 4 on behalf of the State. The defendant did not attempt to prove his good character and the fact that he did not should not have been commented upon. This instruction could but have been regarded as a comment on that fact and was very prejudicial to defendant.
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Appeal from Howard Circuit Court. — Ho». Alonso D. Burnes, Judge. (1) (a) The court erred in giving’ instruction 4 on behalf of the State. The defendant did not attempt to prove his good character and the fact that he did not should not have been commented upon. This instruction could but have been regarded as a comment on that fact and was very prejudicial to defendant. (b) The court erred in giving instruction 5. There was no evidence of any conspiracy between this defendant and any one. (c) Instruction 8 given by the court on the part of the State should not have been given. The only…
1Opinion of the Court
BLAIE, C.
Appellant, his brother Dudley Turner, and Worth Lee were jointly indicted in the Howard Circuit Court for murder. Appellant was tried separately, convicted of murder in the second degree and sentenced to the penitentiary for a term of ten years. Fr,om that sentence this appeal was taken. The killing occurred at the town of New Franklin about 11 ■p. m. August 27, 1910. Johnson, the deceased, was a very large man, being six feet, six inches tall, weighing two hundred and eighty pounds and possessing unusual strength. During the afternoon of August 27, he, with two companions, Carson…
2Cases cited17 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- Commonwealth v. WoodwardMassachusetts Supreme Judicial Court · 1869
- Warnack v. StateCourt of Appeals of Georgia · 1908
- State v. GonceSupreme Court of Missouri · 1885
- State v. BartlettSupreme Court of Missouri · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. BoldenSupreme Court of Missouri · 2012
- Leeper v. StateWyoming Supreme Court · 1979
- State v. LeonardMissouri Court of Appeals · 1980
- People v. BrooksCalifornia Court of Appeal · 1986
- State v. ThorntonMissouri Court of Appeals · 1975
18 more not listed; retrieve them via the Exa API.