State v. Alexander
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. Henry S. Kelley, Judge. The defendant was indicted at the November term, 1873, of the Nodaway circuit court, for murder in the first degree in the killing of one Jacob Norrick. In December following, defendant made an application for bail to Hon. Henry S. Kelley, Judge of the court.
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Appeal from Andrew Circuit Court. — Hon. Henry S. Kelley, Judge. The defendant was indicted at the November term, 1873, of the Nodaway circuit court, for murder in the first degree in the killing of one Jacob Norrick. In December following, defendant made an application for bail to Hon. Henry S. Kelley, Judge of the court. A trial was had upon this application, and evidence was introduced by the defendant for the purpose of removing the prima facie presumption of guilt raised by the indictment. The judge having taken the matter under advisement for several days, finally refused the…
1Opinion of the CourtHenry, J.
— The subject of the burden of proof in criminal cases, and the propriety of giving for the State such an instruction as the fifth, in the case at bar, was fully discussed in The State v. Wingo, decided at this term. It was there held that such an instruction was erroneous, but in that and the cases cited to sustain the views expressed in that opinion, there was no instruction declaring to the jury that if they had a reasonable doubt of the defendant’s guilt, he was entitled to an acquittal; and while standing alone, the fifth instruction declaring that if defendant intentionally shot and…
2Cases cited6 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Campbell v. PeopleIllinois Supreme Court · 1854
- State v. PattersonSupreme Court of Vermont · 1873
- State v. HaysSupreme Court of Missouri · 1856
- State v. SloanSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- State v. CurtisSupreme Court of Missouri · 1879
- State v. MaloneSupreme Court of Missouri · 1931
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
- State v. HillSupreme Court of Missouri · 1886
- State v. McNallySupreme Court of Missouri · 1885
39 more not listed; retrieve them via the Exa API.