State v. Blunt
Supreme Court of Missouri
Appeal from McDonald Circuit Court. — Hon. Joseph Cravens, Judge. (1) The judgment ought to be reversed because of the mutilation of the record. Medlin v. Platte Co., 8 Mo. 325; Briggs v. Glenn, 7 Mo. 572; Dennison v. Co., 33 Mo. 168. (2) The instructions certainly do not declare the law: First. It is error for the court to refer the jury to the indictment to determine what they must find in order to convict.
Read the full summary
Appeal from McDonald Circuit Court. — Hon. Joseph Cravens, Judge. (1) The judgment ought to be reversed because of the mutilation of the record. Medlin v. Platte Co., 8 Mo. 325; Briggs v. Glenn, 7 Mo. 572; Dennison v. Co., 33 Mo. 168. (2) The instructions certainly do not declare the law: First. It is error for the court to refer the jury to the indictment to determine what they must find in order to convict. See the instructions of the court numbered 3, 6, 7 and 8. State v. McCashey, 104 Mo. 644. Second. The last paragraph of instruction, numbered 8, on self-defense, given by the court, is…
1Opinion of the CourtMacfarlane, J.
The defendant was indicted for the murder of Jack Majors, a brakeman on the ‘Prisco railroad, and has appealed to this court. The second count, upon which the defendant was found guilty of murder in the first degree, was the following: “And the grand jurors aforesaid, upon their oaths aforesaid, do further present and charge, that Newt. Blunt, alias Bud Blunt, on the twenty-sixth day of December, 1890, at the county of Newton, and state of Missouri, in and upon one Jack Majors, then and there being, feloniously, wilfully, deliberately, premeditatedly, on purpose, and of his malice…
2Cases cited17 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. GilmoreSupreme Court of Missouri · 1888
- Ex parte SlaterSupreme Court of Missouri · 1880
- Wheeler v. StateWisconsin Supreme Court · 1869
- State v. AndersonSupreme Court of Missouri · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. BatsonSupreme Court of Missouri · 1936
- State v. DimmickSupreme Court of Missouri · 1932
- People v. DuffieldMichigan Supreme Court · 1972
- State v. ParkerSupreme Court of Missouri · 1966
- State v. WilliamsSupreme Court of Missouri · 1959
13 more not listed; retrieve them via the Exa API.