State v. Shock
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. G-. H. Burckhartt, Judge. 1. Instruction four is a literal copy of the sixth instruction in State o. Jennings, 18 Mo. 442. That ease and the one at bar are dissimilar, and as that instruction is an innovation of the common law, the ruling ought not to be extended.
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Appeal from Callaway Circuit Court. — Hon. G-. H. Burckhartt, Judge. 1. Instruction four is a literal copy of the sixth instruction in State o. Jennings, 18 Mo. 442. That ease and the one at bar are dissimilar, and as that instruction is an innovation of the common law, the ruling ought not to be extended. In every killing which is not excusable or justifiable homicide, this instruction may with equal propriety he given, and if its latitude be not circumscribed, then by the phrase “other felony” in Wag. Stat., sec. 1, p. 445, relating to crimes and punishments, section 2 of the same article…
1Opinion of the CourtHough, J.
— At the May term, 1878, of the circuit court of Callaway county, the defendant was indicted for murder in the first degree for the killing of one Robt. Scott. At the November term following, he was tried and found guilty and sentenced to be hanged. Stay of execution was awarded, and the case has been heard here on *557appeal. The evidence on the part of the State tended to show that on the 6th day of March, 1878, the defendant beat the deceased, who was a boy between five and six years of age, with a piece of sycamore fishing-pole, about three feet long and one and a half inches in diameter, for…
2Cases cited6 opinions
- People v. RectorNew York Supreme Court · 1838
- State v. SloanSupreme Court of Missouri · 1871
- State v. GreenSupreme Court of Missouri · 1877
- State v. NuesleinSupreme Court of Missouri · 1857
- State v. JenningsSupreme Court of Missouri · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. WanrowWashington Supreme Court · 1978
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. GloverSupreme Court of Missouri · 1932
- Roary v. StateCourt of Appeals of Maryland · 2005
- State v. WagnerSupreme Court of Missouri · 1883
19 more not listed; retrieve them via the Exa API.