State v. Lewis
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) The verdict was against the evidence, and was clearly the result of passion or prejudice. State v. McNamara, 100 Mo. 117, and authorities cited. (2) The court erred in failing to instruct the jury as to manslaughter. State v. Gassert, 65 Mo. 352; State v. Wilson, 98 Mo. 440; State v. McKinsie, 102 Mo. 620. It is the duty of the court to give proper instructions, .whether they áre asked or not.
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Appeal from Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) The verdict was against the evidence, and was clearly the result of passion or prejudice. State v. McNamara, 100 Mo. 117, and authorities cited. (2) The court erred in failing to instruct the jury as to manslaughter. State v. Gassert, 65 Mo. 352; State v. Wilson, 98 Mo. 440; State v. McKinsie, 102 Mo. 620. It is the duty of the court to give proper instructions, .whether they áre asked or not. State v. Mathews, 20 Mo. 55; State v. Brooks, 92 Mo. 542; State v. Palmer, 88 Mo. 568; Revised Statutes, 1889, sec. 4220. (3) The ninth…
1Opinion of the CourtBurgess, J.
At the December term, 1892, of the circuit court of Platte county, the defendant was convicted of murder in the second degree, for shooting and killing one, Alf. Spencer, and, after an unsuccessful motion for a new trial, he appealed to this court.
The facts, as they appear from the record, are as follows: Deceased and defendant, previous to the killing, had a difficulty, when the deceased went before a justice of the peace and had a warrant issued for defendant upon authority of which he was arrested; he was afterwards taken before the magistrate and released until a subsequent day. A few…
2Cases cited16 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. HaysSupreme Court of Missouri · 1856
- State v. AverySupreme Court of Missouri · 1893
- State v. BerkleySupreme Court of Missouri · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. BaileySupreme Court of Missouri · 1905
- State v. WeedenSupreme Court of Missouri · 1896
- State v. ParkerSupreme Court of Missouri · 1966
- State v. McKenzieSupreme Court of Missouri · 1903
4 more not listed; retrieve them via the Exa API.