State v. Gieseke
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) It has been declared again and again, and it is one of the well-settled principles of the law of homicide in this State, as well as elsewhere, that “grevious and degrading words of reproach would amount to ‘just .provocation’ as contradistinguished from lawful and reasonable provocation,” and consequently what words of reproach and attendant circumstances will be deemed a just cause of provocation,…
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) It has been declared again and again, and it is one of the well-settled principles of the law of homicide in this State, as well as elsewhere, that “grevious and degrading words of reproach would amount to ‘just .provocation’ as contradistinguished from lawful and reasonable provocation,” and consequently what words of reproach and attendant circumstances will be deemed a just cause of provocation, and constitute the homicide murder in the second degree, is in every case a question of law for the court; and whether the…
1Opinion of the CourtGantt, J.
On February 5, 1906, the grand jury of the city of St. Louis returned an indictment against the defendant charging him with murder in the first-degree. At the January term, 1907, the defendant was tried and convicted of murder in the second degree and his punishment assessed at ten years’ imprisonment in the penitentiary. His motions for new trial and in arrest of judgment were heard and overruled, and the defendant appeals.
The State’s evidence tended to prove that the defendant was a butcher by occupation and lived in the city of St. Louis. The deceased, Charles Schaefer, and his wife…
2Cases cited12 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. HerrellSupreme Court of Missouri · 1888
- State v. ReevesSupreme Court of Missouri · 1888
- State v. GruginSupreme Court of Missouri · 1898
- State v. GoddardSupreme Court of Missouri · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. StidhamSupreme Court of Missouri · 1970
- State v. AubuchonSupreme Court of Missouri · 1965
- State v. RobertsSupreme Court of Missouri · 1922
- State v. CarrollSupreme Court of Missouri · 1933
- State v. ThomasMissouri Court of Appeals · 1984
8 more not listed; retrieve them via the Exa API.