Legal Opinion

State v. Douglas

Supreme Court of Missouri

Decided May 26, 1914PublishedCited by 16 opinions

Appeal from Oregon Circuit Court. — Row. W. N. Evans, Judge.. There was no instruction given upon the subject of reasonable doubt and this was reversible error. State v. Gullett, 121 Mo. 447. The only place in all the instructions where the words “reasonable doubt” are used is in instruction nine in connection with the subject of defendant’s good character. In all the other instructions the subject of reasonable doubt is prejudicially omitted, notably in instruction three.

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Appeal from Oregon Circuit Court. — Row. W. N. Evans, Judge.. There was no instruction given upon the subject of reasonable doubt and this was reversible error. State v. Gullett, 121 Mo. 447. The only place in all the instructions where the words “reasonable doubt” are used is in instruction nine in connection with the subject of defendant’s good character. In all the other instructions the subject of reasonable doubt is prejudicially omitted, notably in instruction three. There was no instruction upon the presumption of innocence, and this was particularly injurious in this case because of…

1Opinion of the Court

BROWN, J. —

Defendant was convicted of murder in the second degree, and appeals from a judgment of the circuit court of Oregon county fixing his punishment at twelve years in the penitentiary.

For a consideration of such issues as are here presented it will only he necessary to give a very brief summary of the testimony.

The evidence on the part of the State tended to prove that defendant premeditatedly shot and killed one J. Gk Burnette, in Oregon county, Missouri, on August 29, 1909. The evidence of premeditation consisted mostly in the purchase hy defendant of a revolver and some cartridges…

2Cases cited15 opinions

  1. State v. ConwaySupreme Court of Missouri · 1912
  2. Folk v. City of St. LouisSupreme Court of Missouri · 1913
  3. State v. MeysenburgMissouri Court of Appeals · 1902
  4. State v. StarrSupreme Court of Missouri · 1912
  5. State v. McCarverSupreme Court of Missouri · 1906

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. StogsdillSupreme Court of Missouri · 1929
  2. State v. GoochSupreme Court of Missouri · 1967
  3. State v. WadeSupreme Court of Missouri · 1924
  4. State v. WansongSupreme Court of Missouri · 1917
  5. State v. BakerSupreme Court of Missouri · 1915

11 more not listed; retrieve them via the Exa API.

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