State v. Wilson
Supreme Court of Missouri
Appeal from, Mercer Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The tenth instruction given on the part of the state is not warranted by the evidence and is calculated to mislead the. jury.
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Appeal from, Mercer Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The tenth instruction given on the part of the state is not warranted by the evidence and is calculated to mislead the. jury. (2) Instruction number 2 prayed for by the defendant and refused by the court ought to have been given; it is predicated upon section 1244, Revised Statutes, 1879, which is as follows: “The killing of another in a heat of passion without the design to effect death by a dangerous weapon in any case except when the killing of another is justifiable or excusable shall be deemed manslaughter in the third…
1Opinion of the CourtBeace, J.
— The defendant was indicted in the circuit court of Mercer county for murder in the first degree, for killing James Franklin Graves, on the ninth day of September, 1887, and upon his trial was convicted of murder in the second degree and sentenced to imprisonment in the penitentiary for a term of thirty-five years, from which judgment he appeals.
It appears from the evidence that Wilson and Graves were neighbors, and men of good character; that, for some months previous to the homicide, feelings of hostility existed between them, which manifested itself on several occasions, the particulars…
2Cases cited9 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. EllisSupreme Court of Missouri · 1881
- State v. RiderSupreme Court of Missouri · 1888
- State v. SnellSupreme Court of Missouri · 1883
- State v. WilsonSupreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. BarbataSupreme Court of Missouri · 1935
- State v. SansoneSupreme Court of Missouri · 1893
- State v. TalmageSupreme Court of Missouri · 1891
- State v. ParkerSupreme Court of Missouri · 1966
- State v. WarrenSupreme Court of Missouri · 1930
8 more not listed; retrieve them via the Exa API.