State v. Strong
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. J. L. Fort, Judge. (1) The court erred in refusing to admit testimony tending to show that deceased died of neglect and not of the wounds inflicted. State v. Landgraf, 95 Mo. 102; Coffman v. Com., 10 Bush. (Ey.) 495. (2) Instruction numbered 2 uses the term “in a heat of passion,” without defining or attempting to define the meaning of the term. It should have been defined.
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Appeal from Dunklin Circuit Court. — Hon. J. L. Fort, Judge. (1) The court erred in refusing to admit testimony tending to show that deceased died of neglect and not of the wounds inflicted. State v. Landgraf, 95 Mo. 102; Coffman v. Com., 10 Bush. (Ey.) 495. (2) Instruction numbered 2 uses the term “in a heat of passion,” without defining or attempting to define the meaning of the term. It should have been defined. State v. Andrew, 76 Mo. 101. (3) Instruction numbered 9 given on behalf of the State is erroneous in not stating that defendant was a competent witness in his own behalf and that…
1Opinion of the CourtSherwood, J.
Indictment for murder in the second degree, trial and conviction of manslaughter in the third degree, and defendant appeals.
The difficulty which resulted in the tragedy which forms ■the basis of this prosecution, arose between defendant and G-astine on July the 3d, 1897, in relation to a quarrel between their boys. Gastine died on the 17th of the same month, and the State asserts that his death resulted from wounds inflicted on him by defendant with a pocket knife.
The defendant’s account of the matter as abstracted by the State, is the following: “I am the defendant. On July 3, 1897, a number…
2Cases cited6 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. TalmageSupreme Court of Missouri · 1891
- State v. ForsytheSupreme Court of Missouri · 1886
- State v. RappSupreme Court of Missouri · 1898
- State v. AndrewSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. . KaneNew York Court of Appeals · 1915
- Hall v. StateIndiana Supreme Court · 1928
- State v. RichardsonWashington Supreme Court · 1938
- State v. HartSupreme Court of Missouri · 1925
- State of Arizona v. MyersArizona Supreme Court · 1942
6 more not listed; retrieve them via the Exa API.