State v. Marsh
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — No». Jno. P. Butler, Judge. (1) Instruction 2 for the State is erroneous in omitting the word “willfully.’’ In omitting this word, the offense of murder in the second degree was not correctly defined. This is reversible error.
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Appeal from Carroll Circuit Court. — No». Jno. P. Butler, Judge. (1) Instruction 2 for the State is erroneous in omitting the word “willfully.’’ In omitting this word, the offense of murder in the second degree was not correctly defined. This is reversible error. R. S. 1899, secs. 1815-1816; State v. Gassert, 65 Mo. 352; State v. Wieners, 66 Mo. 13; State v. Curtis, 70 Mo. 598; State v. Eaton, 75 Mo. 590; State v. Harris, 76 Mo. 364; State v. McKinzie, 102 Mo. 621; State v. Evans, 124 Mo. 411; State v. Smith, 164 Mo. 567. All the foregoing cases discuss the law of murder in the second degree.…
1Opinion of the CourtBurgess, J.
At the September term, 1901, of the circuit court of Carroll county, the defendant and one Richard Moran were jointly indicted for murder in the first degree for having at said county on May 28, 1901, shot and killed with a pistol one Charles McKinney.
Thereafter a severance was ordered, Moran was put upon trial, and convicted of murder in the second degree. Subsequently to the conviction of Moran, to-wit, at the April term, 1902, of said court, defendant Marsh was tried and convicted of murder in the second degree, and his punishment fixed at ten years imprisonment in the penitentiary. After…
2Cases cited6 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. CurtisSupreme Court of Missouri · 1879
- Comer v. TaylorSupreme Court of Missouri · 1884
- State v. MillerSupreme Court of Missouri · 1892
- State v. WheelerSupreme Court of Missouri · 1883
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3Cited by2 opinions
- State v. WeagleySupreme Court of Missouri · 1921
- State v. FerrellSupreme Court of Missouri · 1912