Legal Opinion

State v. Pohl

Supreme Court of Missouri

Decided December 2, 1902PublishedCited by 11 opinions

Appeal from Maries Circuit Court — Now. Jas. E. 'Hasell, Judge. (1) The court erred in failing to instruct the jury upon all the questions of law arising in the case, which was necessary for their information in giving their verdict.

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Appeal from Maries Circuit Court — Now. Jas. E. 'Hasell, Judge. (1) The court erred in failing to instruct the jury upon all the questions of law arising in the case, which was necessary for their information in giving their verdict. Laws 1901, p. 140, provides: “Whether requested or not, the court must instruct the jury in writing upon all questions of law arising in the case which are necessary for their information in giving their verdict; which instructions shall include, whenever necessary, the subjects of good character and reasonable doubt; and such a failure to so instruct in cases of…

1Opinion of the CourtBurg-Ess, J.

Defendant was convicted, and his punishment fixed at four years’ imprisonment in the penitentiary, under an information filed by the prosecuting attorney of Maries county in the circuit court of said county, charging him with assaulting, with malice aforethought, with a deadly weapon, one Enoch Baumgartner. He appeals.

The facts are that Baumgartner was administrator of the estate of defendant’s mother and curator of defendant’s estate, and after the arrival of age of defendant they had some disagreement and a lawsuit over the estate of the mother, in which defendant recovered judgment agáinst…

2Cases cited1 opinion

  1. State v. KyleSupreme Court of Missouri · 1901

3Cited by11 opinions

  1. State v. WynneSupreme Court of Missouri · 1944
  2. Weeks v. United StatesCourt of Appeals for the Second Circuit · 1914
  3. State v. BrownSupreme Court of Missouri · 1904
  4. Ex Parte McNaughtSupreme Court of Oklahoma · 1909
  5. State v. GuglielmoOregon Supreme Court · 1905

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