State v. West
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. James E. Withroiv, Judge. (1) Where the evidence in the case shows that the crime is either murder in the first degree or nothing, no instructions for murder in the second degree or manslaughter in the fourth degree should be given.
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withroiv, Judge. (1) Where the evidence in the case shows that the crime is either murder in the first degree or nothing, no instructions for murder in the second degree or manslaughter in the fourth degree should be given. State v. Pollard, 139 Mo. 220'; State v. Cochran, 147 Mo. 518; State v. Brown, 119 Mo. 538; State v. Williams, 141 Mo. 316; State v. Hopper, 71 Mo. 425; State v. Sund, 91 Mo. 559. And if a defendant is guilty of murder in the first degree or no crime at all, it is reversible error to instruct on murder in the second…
1Opinion of the CourtGantt, J.
On the second day of December, 1905, the grand jury of the city of St. Louis returned an indictment against the defendant, John West, and one Fred Jackson, charging them with murder in the first degree of one Ike Coleman on the 30th of July, 1905. The case was tried on the 25th of January, 1906, and resulted in an acquittal of Jackson and the conviction of the defendant, West, of murder in the second degree, and affixing his punishment for ten years in the penitentiary. Motion for a new trial was filed in due time and overruled, and the defendant appeals.
The evidence in the case on the part…
2Cases cited10 opinions
- State v. ScottSupreme Court of Missouri · 1903
- State v. BondSupreme Court of Missouri · 1905
- State v. MahlySupreme Court of Missouri · 1878
- State v. McCarverSupreme Court of Missouri · 1906
- State v. BaileySupreme Court of Missouri · 1905
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3Cited by9 opinions
- State v. WhitsettSupreme Court of Missouri · 1911
- State v. MasseySupreme Court of Missouri · 1918
- State v. MurphySupreme Court of Missouri · 1937
- State v. AllisonSupreme Court of Missouri · 1932
- State v. BarkerSupreme Court of Missouri · 1909
4 more not listed; retrieve them via the Exa API.