State v. Barker
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Son. N. M. Bradley, Special Judge. (1) The verdict of the jury ought to he set aside, •because it is so palpably wrong and against the evidence as to indicate that the jury were actuated by prejudice against defendant and his defense of insanity, (a) Because the evidence produced by the State in relation to the homicidal act of defendant under the circumstances and his conduct following that act in connection with his encounter with Dr.…
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Appeal from Franklin Circuit Court. — Son. N. M. Bradley, Special Judge. (1) The verdict of the jury ought to he set aside, •because it is so palpably wrong and against the evidence as to indicate that the jury were actuated by prejudice against defendant and his defense of insanity, (a) Because the evidence produced by the State in relation to the homicidal act of defendant under the circumstances and his conduct following that act in connection with his encounter with Dr. McNay in the street of Pacific was sufficient to overcome and destroy the presumption of the sanity of defendant, (b)'…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the November term, 1907, of the Franklin Circuit Court, for the murder of Alfred Kopf, at the town of Pacific, on the 3rd day of September, 1907. He was duly arraigned, and upon a plea of not guilty and insanity, he was tried at the March term, 1908, convicted of murder in the first degree, and his punishment assessed at imprisonment in the penitentiary for life. He has appealed from that sentence.
The statements of counsel show no difference as to the substantial facts.
The evidence on the part of the State tended to prove that about six o ’clock in the morning of…
2Cases cited9 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HutingSupreme Court of Missouri · 1855
- Baldwin v. StateSupreme Court of Missouri · 1848
- Dickey v. PorterSupreme Court of Missouri · 1907
- State v. BondSupreme Court of Missouri · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. AitkensSupreme Court of Missouri · 1944
- State v. BarbataSupreme Court of Missouri · 1935
- State v. TarwaterSupreme Court of Missouri · 1922
- State v. MurphySupreme Court of Missouri · 1936
- State v. BartonSupreme Court of Missouri · 1951
4 more not listed; retrieve them via the Exa API.