State v. Darling
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Ho». Won. H. Martin, Judge. The instruction is palpably erroneous. Under it, all that the jury had to find in order to convict defendant was that he understood that his brother intended “merely to whip said Jeffress,” and that he went along to aid his brother in whipping Jeffress if it became necessary for him to lend his aid. This does not constitute manslaughter in the fourth degree, nor in any degree.
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Appeal from Cooper Circuit Court. — Ho». Won. H. Martin, Judge. The instruction is palpably erroneous. Under it, all that the jury had to find in order to convict defendant was that he understood that his brother intended “merely to whip said Jeffress,” and that he went along to aid his brother in whipping Jeffress if it became necessary for him to lend his aid. This does not constitute manslaughter in the fourth degree, nor in any degree. If the jury had been called upon to determine that this defendant and his brother entertained a common intent to assault Jeffress, and that Jeffress was…
1Opinion of the CourtGantt, P. J.
This is the second appeal in this cause. The former appeal was decided at the October term, 1906, of this court, and reported in 202 Mo. 150. That appeal resulted in reversing the judgment and remanding the cause for a new trial.
At the October term, 1907, the defendant was again put upon Ms trial and convicted of manslaughter in the fourth degree, and Ms punishment assessed at imprisonment in the county jail for a period of twelve months, and from that sentence and judgment he has again appealed to this court.
The full statement of all the material facts will be found in the opinion of Judge…
2Cases cited5 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- Williams v. StateSupreme Court of Alabama · 1886
- Lamb v. PeopleIllinois Supreme Court · 1880
- State v. DarlingSupreme Court of Missouri · 1907
- Peden v. StateMississippi Supreme Court · 1883
3Cited by20 opinions
- State v. ChernickSupreme Court of Missouri · 1955
- Commonwealth v. DevereauxMassachusetts Supreme Judicial Court · 1926
- Brown v. CommonwealthSupreme Court of Virginia · 1921
- People v. Le GrantCalifornia Court of Appeal · 1946
- State v. DotyOhio Supreme Court · 1916
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