State v. Eaton
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. J. L. Fort, Judge. The testimony of defendant clearly makes out a case of manslaughter in the fourth degree, and this testimony is amply corroborated by the circumstances and the testimony of the others; it was therefore error when the court failed and refused to instruct the jury on this point.
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Appeal from Dunklin Circuit Court. — Hon. J. L. Fort, Judge. The testimony of defendant clearly makes out a case of manslaughter in the fourth degree, and this testimony is amply corroborated by the circumstances and the testimony of the others; it was therefore error when the court failed and refused to instruct the jury on this point. Secs. 1833, 1834, R. S. 1899; State v. Ellis, 74 Mo. 207; State v. McAnally, 87 Mo. 644; State v. Henson, 106 Mo. 66. (1) There is nothing before this court, except the record proper, as the bill of exceptions was not filed in time. State v. Thompson, 149 Mo.…
1Opinion of the CourtGantt, J.
At the November term, 1903, and on the 22nd day of December, 1903, of the circuit court of Dunklin county, Missouri, the grand jury of said county preferred a charge of murder in the first degree against the defendant for the killing of one Frank Huff, on the 5th day of December, 1903.
The defendant was duly arraigned, placed on his trial on the 5th day of May, 1904, and the trial resulted in a verdict of guilty of murder in the first degree. From the record proper, it appears that within four days he filed his motion for new trial and in arrest of judgment, which were overruled, and thereupon…
2Cases cited2 opinions
- State v. MannSupreme Court of Missouri · 1884
- State v. JewellSupreme Court of Missouri · 1886
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- State v. CollinsSupreme Court of Missouri · 1910
- Sheets v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1911
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