State v. Brown
Supreme Court of Missouri
Appeal from Cole Circuit Cowt. — Hon. D. W. Shackle-ford, Judge. On the third day of August, 1892, Francis Mackin was foreman in the tannery department of the Strauss Saddlery Co., in the Missouri penitentia'ry, and had charge of that department. Defendant was a convict who had been in the penitentiary for some years and was under the charge and orders of Mackin. On that day defendant killed Mackin by stabbing him to death with a shoe knife.
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Appeal from Cole Circuit Cowt. — Hon. D. W. Shackle-ford, Judge. On the third day of August, 1892, Francis Mackin was foreman in the tannery department of the Strauss Saddlery Co., in the Missouri penitentia'ry, and had charge of that department. Defendant was a convict who had been in the penitentiary for some years and was under the charge and orders of Mackin. On that day defendant killed Mackin by stabbing him to death with a shoe knife. From defendant’s story, angry feelings had existed between Mackin and himself in regard to some sugar that defendant, it seems, had “sent out for, ’ ’…
1Opinion of the CourtSherwood, J.
I. Various errors have been assigned by defendant’s counsel, now to be briefly noticed. And first as to the action of the trial court in striking out, at the state’s instance, the plea in abatement to the further prosecution of the cause. This plea sets out in substance: “That at the time of the alleged homicide and prior thereto defendant was and since said time has been confined as a convict in the state penitentiary and that said indictment does not charge or state said fact, and further that, defendant being said convict as aforesaid, defendant is not now subject of amenable to trial…
2Cases cited6 opinions
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. AndersonSupreme Court of Missouri · 1886
- State v. BryantSupreme Court of Missouri · 1890
- State v. NelsonSupreme Court of Missouri · 1893
- State v. AddcockSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. NaselloSupreme Court of Missouri · 1930
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- State v. CopelandSupreme Court of Missouri · 1934
- Montgomery v. StateSupreme Court of Florida · 1908
7 more not listed; retrieve them via the Exa API.