State v. Speyer
Supreme Court of Missouri
Appeal from Jackson Criminal Court.— Hon. Jolm A. Rich, Special Judge. (1) The court did not err in admitting in evidence on rebuttal the testimony of defendant given on the two former trials. Kelley’s Crim. Law and Pkac., sec. 285; Underhill on Crim. Evid., sec. 131. (2) Appellant complains that the evidence did not justify the court in giving an instruction for murder in the first degree. The court did not err in giving such instruction.
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Appeal from Jackson Criminal Court.— Hon. Jolm A. Rich, Special Judge. (1) The court did not err in admitting in evidence on rebuttal the testimony of defendant given on the two former trials. Kelley’s Crim. Law and Pkac., sec. 285; Underhill on Crim. Evid., sec. 131. (2) Appellant complains that the evidence did not justify the court in giving an instruction for murder in the first degree. The court did not err in giving such instruction. There was evidence tending to prove' that defendant killed his hoy to keep his wife from getting possession of him, and the child could not have given any…
1Opinion of the CourtBurgess, J.
— This is the third appeal by defendant in this cause. On the first trial defendant was convicted of murder in the second degree, and, upon appeal, the judgment was reversed and the cause remanded. [State v. Speyer, 182 Mo. 77.] On the second trial defendant was convicted of murder in the first degree', and, upon appeal, the judgment was reversed and the cause remanded. [State v. Speyer, 194 Mo. 459.] Upon the third trial the defendant was again convicted of murder in the first degree, from which judgment, after unsuccessful motions for new trial and in arrest of judgment, he appeals.
The…
2Cases cited20 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. StarrSupreme Court of Missouri · 1866
- State v. PagelsSupreme Court of Missouri · 1887
- State v. HolmeSupreme Court of Missouri · 1873
- State v. EllisSupreme Court of Missouri · 1881
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3Cited by13 opinions
- Bernard Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1967
- Jenkins v. Carman Mfc. Co.Oregon Supreme Court · 1916
- State v. DavisSupreme Court of Missouri · 1966
- State v. MurphySupreme Court of Missouri · 1936
- State v. CatesMontana Supreme Court · 1934
8 more not listed; retrieve them via the Exa API.