State v. Minor
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Mon. H. W. Johnson, Judge. (1) Instruction 5, given on behalf of the State, completely ignores the element of intent or willfulness. Had the instruction read “that the defendant intentionally shot William Green with a pistol,” etc., then it would not be subject to criticism, but would state the rule of law correctly.
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Appeal from Montgomery Circuit Court. — Mon. H. W. Johnson, Judge. (1) Instruction 5, given on behalf of the State, completely ignores the element of intent or willfulness. Had the instruction read “that the defendant intentionally shot William Green with a pistol,” etc., then it would not be subject to criticism, but would state the rule of law correctly. State v. Harris, 76 Mo. 361; State v. McKinzie, 102 Mo. 620. In a later case, State v. Evans, 124 Mo. 411, the court attempted to disapprove of the ruling in the McKinzie case, but the State v. Evans was not well considered. Ye concede the…
1Opinion of the CourtValliant, J.
— Defendant was arraigned on an information designed to charge murder in the first degree. The trial resulted in a conviction of murder in the second degree and a sentence of twelve years in the penitentiary. From that judgment this appeal comes.. I. The main question in the case arises upon the face of the information which was presented by the prosecuting attorney of the county in which the homicide occurred. The information follows closely the usual form of an indictment for murder in the first degree in its words descriptive of the acts constituting the alleged crime, charging that the…
2Cases cited10 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. WienersSupreme Court of Missouri · 1877
- State v. KyleSupreme Court of Missouri · 1901
- State v. ColemanSupreme Court of Missouri · 1905
- State v. FurgersonSupreme Court of Missouri · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. ShilkettSupreme Court of Missouri · 1947
- State v. PepoonWashington Supreme Court · 1911
- State v. HollandSupreme Court of Missouri · 1945
- State v. BensonSupreme Court of Missouri · 1940
- State v. SnowSupreme Court of Missouri · 1922
12 more not listed; retrieve them via the Exa API.