State v. Jackson
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, J udge. The tenth, instruction given by the court is as follows : “The court instructs the jury that in this case the state attempts to convict the defendant upon circumstantial evidence, and that, before the jury can find defendant guilty, they must believe from the evidence that the facts and circumstances proved by the state are inconsistent with any other reasonable or rational theory, and, if after considering…
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Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, J udge. The tenth, instruction given by the court is as follows : “The court instructs the jury that in this case the state attempts to convict the defendant upon circumstantial evidence, and that, before the jury can find defendant guilty, they must believe from the evidence that the facts and circumstances proved by the state are inconsistent with any other reasonable or rational theory, and, if after considering the evidence there is a reasonable doubt in the minds of the jury as to defendant’s guilt, they should give him the…
1Opinion of the CourtShebwood, J.
This cause has been in this court before, and is reported in 95 Mo. 623. A change of venue having been awarded, the defendant was tried in Gasconade county, resulting in his being adjudged guilty of murder in the first degree, and sentenced accordingly.
I. When this cause was here on a former occasion, it was claimed, as it is now, thai the evidence was insufficient to authorize a conviction, but, after a most patient examination of the evidence at that time, the conclusion was reached that the evidence was of such a character as to place it beyond our province to interfere. The evidence in…
2Cases cited17 opinions
- Levison v. StateSupreme Court of Alabama · 1875
- Ford v. StateCourt of Appeals of Maryland · 1859
- People v. CampbellCalifornia Supreme Court · 1870
- State v. GreenSupreme Court of Missouri · 1877
- State v. RedmanSupreme Court of Iowa · 1864
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3Cited by5 opinions
- State v. FergusonSupreme Court of Missouri · 1919
- State v. BluntSupreme Court of Missouri · 1892
- State v. JacksonSupreme Court of Missouri · 1891
- State v. ManickeSupreme Court of Missouri · 1897
- Essery v. StateCourt of Criminal Appeals of Texas · 1913