State v. Gee
Supreme Court of Missouri
Appeal from Cedar Circuit Court.—Hon. Charles G. Burton, Judge. The defendant was indicted for murder in the first degree, and on trial was convicted of murder in the second degree, and his punishment assessed at imprisonment in the penitentiary for the term of fifteen years. The court instructed the jury as follows: • “1. The court instructs the jury that the defendant is presumed to be innocent of the offence charged.
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Appeal from Cedar Circuit Court.—Hon. Charles G. Burton, Judge. The defendant was indicted for murder in the first degree, and on trial was convicted of murder in the second degree, and his punishment assessed at imprisonment in the penitentiary for the term of fifteen years. The court instructed the jury as follows: • “1. The court instructs the jury that the defendant is presumed to be innocent of the offence charged. That before you can convict him, the state must overcome that presumption by proving him guilty beyond a reasonable doubt. If you have a reasonable doubt of defendant’s guilt,…
1Opinion of the CourtSherwood, J.
The defendant was indicted for murder in the first degree. Being tried, he was found guilty of murder in the second degree, and his punishment assessed at imprisonment in the penitentiary for the term of fifteen years. The circumstances detailed in evidence afforded sufficient basis for finding the defendant guilty of either degree of murder, or of manslaughter in the fourth degree, or of acquitting him on the ground of self-defence, and the instructions which the court gave placed the matter before the jury in the fairest possible light for the defendant, and he is without any just ground of…
2Cases cited1 opinion
- State v. PhairSupreme Court of Vermont · 1875
3Cited by19 opinions
- State v. BurrellSupreme Court of Missouri · 1923
- State v. GartrellMissouri Court of Appeals · 1903
- Welty v. StateIndiana Supreme Court · 1912
- State v. BarnesSupreme Court of Missouri · 1918
- State v. SwearenginSupreme Court of Missouri · 1916
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