State v. Musick
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Host. E. L. Edwards, Judge. (1) Under the evidence, an instruction should have been given by the court for fine and imprisonment in county jail. (2) The court should instruct the jury that the law makes no presumption under the evidence, and that the intention of defendant in shooting is a matter of fact to be found by the jury.
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Appeal from Moniteau Circuit Court. — Host. E. L. Edwards, Judge. (1) Under the evidence, an instruction should have been given by the court for fine and imprisonment in county jail. (2) The court should instruct the jury that the law makes no presumption under the evidence, and that the intention of defendant in shooting is a matter of fact to be found by the jury. (3) The court, under the evidence, should not have given the instruction: “That, if the jury believe, from the evidence, that the defendant aimed at a vital part of the body of A. J. Smith, the law presumes defendant intended to…
1Opinion of the CourtSherwood, J.
Indicted under the provisions of. section 1262, Revised Statutes, 1879, for an assault with malice aforethought, the defendant on being tried was convicted, his punishment assessed at four years in' the penitentiary and judgment accordingly, hence his appeal.
The testimony for the state was substantially as follows: The defendant called at the store of P. R. Burnett, at Wolfe’s Point, in Moniteau county, Missouri, late in the evening of July 25, 1887, just as he (Burnett) was closing up, and inquired for the “blacksmith.” The blacksmith was A. J. Smith, the prosecuting witness and injured…
2Cases cited13 opinions
- State v. PalmerSupreme Court of Missouri · 1886
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. RaySupreme Court of Missouri · 1873
- State v. HayesSupreme Court of Missouri · 1884
- State v. BanksSupreme Court of Missouri · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- State v. ChevlinSupreme Court of Missouri · 1955
- State v. DuncanSupreme Court of Missouri · 1893
- State v. ChurchSupreme Court of Missouri · 1906
38 more not listed; retrieve them via the Exa API.