State v. Rider
Supreme Court of Missouri
Appeal from Saline Criming! Court. — Hon. John TL Ryland, Judge. ' (1) The court should have instructed on- a lower-grade of homicide than murder in the first degree?. State v. Robinson, 73 Mo. 306; State v. Edwards, 70 Mo. 480 ; State v. Curtis, 70 Mo. 594; State v. Anderson,. 86 Mo. 309. If the defendant had passion or excitement of the mind, which was not provoked by what the law ■.accepts as adequate cause so as to rebut the imputation •of malice,, an intentional killing…
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Appeal from Saline Criming! Court. — Hon. John TL Ryland, Judge. ' (1) The court should have instructed on- a lower-grade of homicide than murder in the first degree?. State v. Robinson, 73 Mo. 306; State v. Edwards, 70 Mo. 480 ; State v. Curtis, 70 Mo. 594; State v. Anderson,. 86 Mo. 309. If the defendant had passion or excitement of the mind, which was not provoked by what the law ■.accepts as adequate cause so as to rebut the imputation •of malice,, an intentional killing under the influence of ■such a passion or excitement, was murder in the second .degree. State v. Oiortis, 70 Mo. 594;…
1Opinion of the CourtBrace, J.
On the twenty-third day of July, 1885, the defendant and one Rousey P. Tallent were living in the same neighborhood in the Miami bottom of the Missouri river in Saline county about six miles from the town of Miami. Both went to the town of Miami in the morning of that day, Tallent returning home about noon and Rider, the defendant, about four o’clock in the afternoon. During their absence, a woman who is sometimes called Mrs. Moore and sometimes Mrs. Rider, in the record, who was examined as a witness by the state *480without objection, but whom Rider claimed to be his-wife, and with whom he had…
2Cases cited9 opinions
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. BrownSupreme Court of Missouri · 1877
- State v. WalkerSupreme Court of Missouri · 1883
- State v. NugentSupreme Court of Missouri · 1879
- State v. RiderSupreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- Murray v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
- State v. UmbleSupreme Court of Missouri · 1893
- State v. ShroyerSupreme Court of Missouri · 1891
- State v. SibleySupreme Court of Missouri · 1895
18 more not listed; retrieve them via the Exa API.