Legal Opinion

State v. Nickens

Supreme Court of Missouri

Decided June 12, 1894PublishedCited by 9 opinions

.Appeal from St. Louis Criminal Court. — Hon. H. L. Edmunds, Judge. (1) The court erred in refusing to allow the introduction of the city ordinance offered by the appellant. (2) The court committed error in addressing his remarks to the witnesses Summers and Hopkins while they were on the stand. (3) The court erred in refusing to instruct the jury upon the lower grade of assault to kill, under section 3490, Revised Statutes.

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.Appeal from St. Louis Criminal Court. — Hon. H. L. Edmunds, Judge. (1) The court erred in refusing to allow the introduction of the city ordinance offered by the appellant. (2) The court committed error in addressing his remarks to the witnesses Summers and Hopkins while they were on the stand. (3) The court erred in refusing to instruct the jury upon the lower grade of assault to kill, under section 3490, Revised Statutes. (4) The court erred in failing to instruct the jury upon the good character of the accused. (5) The court erred in overruling appellant’s motion for new trial. (6) The…

1Opinion of the CourtBukg-ess, J.

From a conviction in the St. Louis criminal court, for an assault with intent to kill one Andrew Hopkins, on purpose and of his malice aforethought, defendant appeals. Defendant’s punishment was fixed at two years’ imprisonment in the penitentiary. After ineffectual motions for new trial and in arrest, he presented his bill of exceptions to the trial judge who refused to sign the same, and certified his refusal on the ground that it was untrue.

Defendant then presented a bill of exceptions signed by three bystanders which the judge refused to allow to be filed, and within five days defendant…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. State v. CantlinSupreme Court of Missouri · 1893
  2. State v. PagelsSupreme Court of Missouri · 1887
  3. State v. WelsorSupreme Court of Missouri · 1893
  4. State v. McLaughlinSupreme Court of Missouri · 1858
  5. State v. FosterSupreme Court of Missouri · 1893

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

3Cited by9 opinions

  1. Sang v. City of St. LouisSupreme Court of Missouri · 1914
  2. Board of Com'rs of Muskogee County v. HartSupreme Court of Oklahoma · 1911
  3. Townsend v. City of JoplinMissouri Court of Appeals · 1909
  4. State v. MeadowsSupreme Court of Missouri · 1900
  5. Pothast v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1900

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

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