State v. Whitsett
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The defendant is charged with murder in the first degree. The jury convicted him of murder in the second degree. The theory of the State, and the evidence in support thereof, was that the defendant, if guilty at all, was guilty of murder by lying in wait for his victim. And we also insist that if the defendant was guilty of killing Albert Albright he was guilty of murder in the first degree.
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Appeal from Ray Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The defendant is charged with murder in the first degree. The jury convicted him of murder in the second degree. The theory of the State, and the evidence in support thereof, was that the defendant, if guilty at all, was guilty of murder by lying in wait for his victim. And we also insist that if the defendant was guilty of killing Albert Albright he was guilty of murder in the first degree. The fact that the jury found the defendant guilty of murder in the second degree carries with it proof that the triers of the defendant…
1Opinion of the CourtBurgess, J.
At the October term, 1909, of the circuit court of Bay county, under an information charging him with murder in the first degree for the killing of Albert Albright, the defendant was convicted of murder in the second degree, and his punishment assessed by the jury at imprisonment in the penitentiary for thirty years. From the judgment of conviction defendant appeals to this court, and assigns error.
Albert Albright, the deceased, was a farmer and school teacher, living in the northwest part of Ray county. For some months prior to his death he had been teaching school at a place about four…
2Cases cited14 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. ChurchSupreme Court of Missouri · 1906
- State v. GlahnSupreme Court of Missouri · 1888
- State v. McNallySupreme Court of Missouri · 1885
- State v. HendersonSupreme Court of Missouri · 1905
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3Cited by39 opinions
- State v. StidhamSupreme Court of Missouri · 1957
- Peckham v. United StatesCourt of Appeals for the D.C. Circuit · 1953
- State v. OswaldSupreme Court of Missouri · 1957
- Clay v. OwenSupreme Court of Missouri · 1936
- State v. HerringSupreme Court of Missouri · 1916
34 more not listed; retrieve them via the Exa API.