Legal Opinion

State v. May

Supreme Court of Missouri

Decided December 22, 1897PublishedCited by 23 opinions

Appeal from Buchanan County Criminal Court. — Hon. R. E. Culver, Judge. (1) The lower court erred in failing and refusing' to instruct the jury on manslaughter in the second or third degree as requested by the defendants.

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Appeal from Buchanan County Criminal Court. — Hon. R. E. Culver, Judge. (1) The lower court erred in failing and refusing' to instruct the jury on manslaughter in the second or third degree as requested by the defendants. State v. Turlington, 102 Mo. 642; State v. Patrick, 107 Mo. 147; State v. Nelson, 118 Mo. 124; State v. Tallmadge, 107 Mo. 543; State v. Berkley, 92 Mo. 54. (2) The lower court erred in refusing to instruct the jury to find the defendant, Charles May, not guilty. State v. Ballard, 104 Mo. 634; State v. Cox, 65 Mo. 23; State v. Hickman, 95 Mo. 332; State v. Johnson, 111 Mo.…

1Opinion of the CourtSherwood, J.

George and Charles May, respectively uncle and nephew, appeal to this court from their conviction of murder in the first degree. "William I. Burdette is the name of the person killed, and the indictment charges the homicide to have been done on the ninth day of February, 1896, with a heavy wooden club, and that with it the skull of Williám I. Burdette was broken and crushed by the defendants.

Touching the circumstances attendant on the tragedy, there is the usual conflict in the testimony. About two weeks prior to the ninth of February aforesaid, Charley May, as he was usually called, arrived…

2Cases cited10 opinions

  1. State v. GrantSupreme Court of Missouri · 1883
  2. Farris v. PeopleIllinois Supreme Court · 1889
  3. Jones v. WilliamsSupreme Court of Missouri · 1897
  4. Baker v. StateWisconsin Supreme Court · 1891
  5. National Bank of the Metropolis v. WilliamsSupreme Court of Missouri · 1870

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. WilliamsSupreme Court of Missouri · 1935
  2. State v. BecknerSupreme Court of Missouri · 1906
  3. State v. HunterSupreme Court of Missouri · 1904
  4. Fenner v. CommonwealthSupreme Court of Virginia · 1929
  5. State v. BatsonSupreme Court of Missouri · 1936

18 more not listed; retrieve them via the Exa API.

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