State v. O'Hara
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — IIon. Gf. S. • Van Wagonee, Judge. (1) The court erred in not giving an instruction for murder in the second degree. State v. Hays, 23 Mo. 323 ; State v. JoecTcel, 44 Mo. 234 ; State v. Rudson, 59 Mo. 135; State v. Wieners, 66 Mo. 11; State v. Phillips, 24 Mo. 475. (2) The defendant was entitled under his own evidence to an instruction for manslaughter in the third degree. State n.
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Appeal from St. Louis Criminal Court. — IIon. Gf. S. • Van Wagonee, Judge. (1) The court erred in not giving an instruction for murder in the second degree. State v. Hays, 23 Mo. 323 ; State v. JoecTcel, 44 Mo. 234 ; State v. Rudson, 59 Mo. 135; State v. Wieners, 66 Mo. 11; State v. Phillips, 24 Mo. 475. (2) The defendant was entitled under his own evidence to an instruction for manslaughter in the third degree. State n. Branstetter, 65 Mo. 149 ; State v. Jones, 79 Mo. 441; State v. Starr, 38 Mo. 277 ; State v. Dieckman, 11 Mo. App. 538; affirmed, 75 Mo. 570; State v. Wilson, 85 Mo. 134;…
1Opinion of the CourtBlack, J.
The defendant was indicted for killing Mary McColler by striking her with a beer glass. The trial resulted in a verdict of guilty of murder in the first degree.
Prom the evidence it appears that of three adjoining second-story rooms, all opening upon a veranda *62reached by a single flight of stairs communicating with •a rear yard, the defendant and his wife occupied one ; the deceased-, her son and daughter occupied another ; and a Mr. Smith and wife occupied the third. The ■defendant and the son of the deceased had been in the habit of drinking together, and on several occasions had created a…
2Cases cited3 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. HolmeSupreme Court of Missouri · 1873
- State v. EllisSupreme Court of Missouri · 1881
3Cited by6 opinions
- State v. TalmageSupreme Court of Missouri · 1891
- Marcus v. United StatesCourt of Appeals for the D.C. Circuit · 1936
- State v. MaySupreme Court of Missouri · 1903
- State v. MitchellSupreme Court of Missouri · 1889
- State v. WilsonSupreme Court of Missouri · 1889
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