Legal Opinion

State v. Baird

Supreme Court of Missouri

Decided May 26, 1921PublishedCited by 22 opinions

Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. , (1) The court erred in failing to instruct the jury as to the g;ood character of the defendant upon defendant’s request so to do.

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Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. , (1) The court erred in failing to instruct the jury as to the g;ood character of the defendant upon defendant’s request so to do. R. S. 1919, sec. 1025; State v. Anslinger, 171 Mo. 600; State v. O’Conner, 31 Mo. 389; State v. Cook, 207 S. W. 833; State v. Tender, 204 S. W. 735; State v. Byrd, 213 S. W. 37. (a) And it makes no difference whether the evidence of good character was adduced by the State or the defendant. State v. Birdstrup, 237 Mo. 273. (2) The court erred in refusing defendant’s request to instruct the jury…

1Opinion of the Court

The appellant, March 23, 1920, in the Circuit Court of Pemiscot County was convicted of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for a term of fifteen years. He was charged with having killed one Will Jenkins on the tenth day of August, 1919.

Jenkins and Baird were farmers and lived near each other, their two houses being about a hundred yards apart. It seems that Jenkins was making a crop on the shares for Baird. The two men had had some difficulty; the evidence showed thatStatement. each had made violent threats against the other. The houses…

2Cases cited4 opinions

  1. State v. BecknerSupreme Court of Missouri · 1906
  2. State v. MasseySupreme Court of Missouri · 1918
  3. State v. CroneSupreme Court of Missouri · 1908
  4. Green v. City of St. LouisSupreme Court of Missouri · 1891

3Cited by22 opinions

  1. State v. WoodSupreme Court of Missouri · 1980
  2. State v. MooreSupreme Court of Missouri · 1957
  3. State v. WilliamsSupreme Court of Missouri · 1935
  4. State v. RobbinsIndiana Supreme Court · 1943
  5. United States v. VerdiUnited States Court of Military Appeals · 1978

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