Legal Opinion

State v. O'Reilly

Supreme Court of Missouri

Decided February 12, 1895PublishedCited by 19 opinions

Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The evidence in the case as a whole does not support the verdict. The testimony does not present any elements of murder in the second degree. There should have been no conviction above the degree of manslaughter in the fourth degree.

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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The evidence in the case as a whole does not support the verdict. The testimony does not present any elements of murder in the second degree. There should have been no conviction above the degree of manslaughter in the fourth degree. (2) The court erred in admitting as evidence before the jury the photograph of the interior of the saloon on which were grouped three prearranged figures to indicate the actors in the homicide, depriving the defendant of the right of cross-examination, with reference to the accuracy of the…

1Opinion of the CourtBurgess, J.

— At the March term, 1893, of the St. Louis criminal court the defendant was indicted for murder in the first degree, charged with shooting with a pistol, and killing, one John J. Schmidt in said city on the twenty-second day of November, 1890. On application of defendant the venue of the cause was changed to the circuit court of Montgomery county, where, upon trial had to a jury, he was found guilty of murder in the second degree and his punishment' assessed at ten years’ imprisonment in the penitentiary. The cause is in this court on his appeal.

Deceased was the son of Oapt. Joseph Schmidt,…

2Cases cited7 opinions

  1. Shaw v. StateSupreme Court of Georgia · 1889
  2. State v. PittsSupreme Court of Missouri · 1875
  3. People v. . JacksonNew York Court of Appeals · 1888
  4. State v. CrossSupreme Court of Missouri · 1858
  5. State v. HarlowSupreme Court of Missouri · 1855

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3Cited by19 opinions

  1. State v. McGeeSupreme Court of Missouri · 1935
  2. Baustian v. YoungSupreme Court of Missouri · 1899
  3. Hughes v. StateTennessee Supreme Court · 1912
  4. Gibson v. StateCourt of Criminal Appeals of Texas · 1908
  5. Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940

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