State v. Keele
Supreme Court of Missouri
Appeal from Henry Circuit Cotort. — Hon. D. A. HeArmond, Judge. The instructions of the court properly declared the Jaw to the j ury. (1) The first, the general instruction tipon the offense charged. R. S. 1879, sec. 1262; State 1). Jones, 86 Mo. 623. (2) The second, as to malice and malice aforethought. State v. Thomas, 78 Mo. 327. (3) The third, that, if he stabbed deceased to gratify & feeling of revenge, he was guilty.
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Appeal from Henry Circuit Cotort. — Hon. D. A. HeArmond, Judge. The instructions of the court properly declared the Jaw to the j ury. (1) The first, the general instruction tipon the offense charged. R. S. 1879, sec. 1262; State 1). Jones, 86 Mo. 623. (2) The second, as to malice and malice aforethought. State v. Thomas, 78 Mo. 327. (3) The third, that, if he stabbed deceased to gratify & feeling of revenge, he was guilty. State v. Kilgore, 70 Mo. 557. (4). There can be no objection to instructions, numbered 5 and 6, in relation to “ character” of defendant, and reasonable doubt. (5) Under…
1Opinion of the CourtMacfarlane, J.
Defendant was indicted by a grand jury of Benton county under section 1262, Revised Statutes, 1879, for a felonious assault. A change of venue was taken to Henry county, where a trial was had, and defendant convicted and sentenced to two years’ imprisonment in the penitentiary.
Upon the trial the evidence tended to prove that defendant assaulted one Wash Howery and stabbed him in several places with a knife, inflicting severe and dangerous wounds. Defendant offered evidence tending to prove that the affray was brought on by the said Howery, and also offered evidence of previous good character.
T…
2Cases cited8 opinions
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. YoungSupreme Court of Missouri · 1889
- State v. KlingerSupreme Court of Missouri · 1870
- State v. RobbSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. CushenberrySupreme Court of Missouri · 1900
- State v. CraneSupreme Court of Missouri · 1907
- State v. HarrisSupreme Court of Missouri · 1908
- State v. KeenerSupreme Court of Missouri · 1910
- State v. PhilpottSupreme Court of Missouri · 1912
1 more not listed; retrieve them via the Exa API.