State v. Silk
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. John A. Hogkaday, Judge. (1) The indictment is bad. It is too indefinite and uncertain, and does not state facts sufficient to charge the crime of murder in either degree.
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Appeal from Randolph Circuit Court. — Hon. John A. Hogkaday, Judge. (1) The indictment is bad. It is too indefinite and uncertain, and does not state facts sufficient to charge the crime of murder in either degree. State v. Meyers, 99 Mo. 114; State v. Green, 111 Mo. 588; State v. Fairlamb, 121 Mo. 153; State v. Rector, 126 Mo. 340. (2) The court erred in giving to the jury instructions on murder in the second degree and in directing the jury that they might find defendant guilty of murder in the second degree, for the reason that there was no evidence warranting such instructions or…
1Opinion of the CourtGantt, P. J.
Prom a conviction of murder in the second degree the defendant appeals. The indictment was preferred at the July term, 1896, of the Eandolph circuit court. The defendant was duly arraigned and the cause was continued twice on his application. He was tried at the July term, 1897, and sentenced to the penitentiary for twenty years.
These facts were substantially shown on the trial. Elisha Silk, the defendant, is a man over the age of sixty years, a resident of the city of Moberly in this State for more than fifteen years. At the time of the commission of the offense, he was and had been street…
Also in this document: Concurrence.
2Cases cited7 opinions
- State v. YoungSupreme Court of Missouri · 1894
- State v. FairlambSupreme Court of Missouri · 1894
- State v. FosterSupreme Court of Missouri · 1876
- Veatch v. StateIndiana Supreme Court · 1877
- State v. GeeSupreme Court of Missouri · 1885
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3Cited by3 opinions
- State v. MartinSupreme Court of Missouri · 1953
- State v. TaylorSupreme Court of Missouri · 1947
- State v. McCarverSupreme Court of Missouri · 1906