State v. Schoenwald
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. The defendant Schoenwald was indicted for the murder of one John Lemuel Acres. The court gave the following among other instructions: “ While I have thus defined murder in the first degree, the jury may remark that I fail to define murder in the second degree. I do this purposely, because, in my opinion, the case is not one of murder in the second degree, or one requiring instructions on the law of murder in the second degree.
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Appeal from St. Louis Criminal Court. The defendant Schoenwald was indicted for the murder of one John Lemuel Acres. The court gave the following among other instructions: “ While I have thus defined murder in the first degree, the jury may remark that I fail to define murder in the second degree. I do this purposely, because, in my opinion, the case is not one of murder in the second degree, or one requiring instructions on the law of murder in the second degree. So of manslaughter in its various degrees. As murder is malicious killing, so manslaughter, generally speaking, has for its…
1Opinion of the CourtScott, Judge
This was an indictment for murder in the first degree under which the defendant was convicted and sentenced to be hung. From this judgment he appealed to this court, and has assigned numerous errors in the proceedings of the court below.
It is maintained that the court below erred in refusing to grant the defendant a continuance on the affidavit filed. The last application for a continuance was the third one, two continuances having been previously granted to the defendant. Although this court will not determine the weight to be given to the evidence of witnesses, yet when an application for a…
2Cases cited4 opinions
- Hardy v. StateSupreme Court of Missouri · 1842
- State v. DwireSupreme Court of Missouri · 1857
- State v. AndersonSupreme Court of Missouri · 1853
- Nicholas v. StateSupreme Court of Missouri · 1839
3Cited by34 opinions
- Garner v. StateSupreme Court of Florida · 1891
- State v. StarrSupreme Court of Missouri · 1866
- State v. . KnottsSupreme Court of North Carolina · 1914
- State v. HopeSupreme Court of Missouri · 1889
- State v. WillardSupreme Court of Missouri · 1940
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