State v. Foster
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Hon. / W. N. Evans, Judge. (1) The court was authorized to assess the punishment where the ju'ry found the defendant guilty but failed to agree as to his punishment.. Revised Statutes, 1889, sec. 4230; State v. Bobb, 90 Mo. 30; State v. Dennison, 108 Mo. 541. (2) The instructions in this case fairly present the law and have each been often approved by this court.
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Appeal from Oregon Circuit Court. — Hon. / W. N. Evans, Judge. (1) The court was authorized to assess the punishment where the ju'ry found the defendant guilty but failed to agree as to his punishment.. Revised Statutes, 1889, sec. 4230; State v. Bobb, 90 Mo. 30; State v. Dennison, 108 Mo. 541. (2) The instructions in this case fairly present the law and have each been often approved by this court. State v. Thomas, 78 Mo. 337; State v. McDaniel, 94 Mo. 301. Defendant’s criticism of the instructions.is too late when made for the first time in his motion for new trial. To be heard here he…
1Opinion of the CourtShekwood, J.
Murder in the first degree was charged in the indictment, and the defendant tried on that charge was found guilty of murder in the second degree, and the jury failing to assess the punishment, the court fixed it at ten years in the penitentiary.
There are neither assignments of error nor brief of counsel filed on behalf of defendant, so we have carefully read the record.
For the purposes of this investigation an outline of the testimony will suffice. Near the town of Thayer, and in the public road the defendant shot’ and killed Jasper Reed. The shooting occurred on Monday morning, December 14,…
2Cases cited7 opinions
- State v. WelsorSupreme Court of Missouri · 1893
- State v. MusickSupreme Court of Missouri · 1890
- State v. RobbSupreme Court of Missouri · 1886
- State v. ElvinsSupreme Court of Missouri · 1890
- State v. DeMosseSupreme Court of Missouri · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. HameySupreme Court of Missouri · 1902
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HowardSupreme Court of Missouri · 1893
- Shelp v. United StatesCourt of Appeals for the Ninth Circuit · 1897
20 more not listed; retrieve them via the Exa API.