Legal Opinion

State v. Murray

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 25 opinions

Appeal from, Si. Louis County Circuit Court. — Host. W. W. Edwards,- Judge. The court gave the following instruction on its own motion: “The indictment in this case alleges the crime of murder in the first degree against the prisoner, Nickolas Murray, and the jurors are instructed, that, before "there can be a conviction, it must be proven, beyond a reasonable doubt, that, at the state of Missouri, and county of St. Louis, and prior to the finding of the indictment, the…

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Appeal from, Si. Louis County Circuit Court. — Host. W. W. Edwards,- Judge. The court gave the following instruction on its own motion: “The indictment in this case alleges the crime of murder in the first degree against the prisoner, Nickolas Murray, and the jurors are instructed, that, before "there can be a conviction, it must be proven, beyond a reasonable doubt, that, at the state of Missouri, and county of St. Louis, and prior to the finding of the indictment, the prisoner, Nickolas Murray, feloniously, wilfully, deliberately, and premeditatedly, and with malice, assaulted and killed…

1Opinion of the CourtSherwood, J.

The defendant was indicted for the murder of John Prince. On being tried he was found guilty of murder in the first degree, and sentenced accordingly. The evidence on which the verdict of guilty rests is altogether circumstantial. The dead body of Prince was found on Monday, the twenty-first of September, 1885, lying face downward, in Moline Creek, with his throat cut, and various injuries on the head, inflicted, apparently, with a club, which was found near by, as, also, was a knife, which it was sworn was that of the defendant. Prince was last seen, alive, in company with the defendant,…

2Cases cited5 opinions

  1. Whitney v. StateSupreme Court of Missouri · 1843
  2. State v. CollinsSupreme Court of Missouri · 1885
  3. State v. CollinsSupreme Court of Missouri · 1884
  4. McLean v. StateSupreme Court of Missouri · 1843
  5. State v. CurtisSupreme Court of Missouri · 1883

3Cited by25 opinions

  1. State v. HadleySupreme Court of Missouri · 1991
  2. State v. NaselloSupreme Court of Missouri · 1930
  3. State v. OrrickSupreme Court of Missouri · 1891
  4. State v. JeffriesSupreme Court of Missouri · 1908
  5. State v. BrothertonSupreme Court of Missouri · 1954

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