State v. Jones
Supreme Court of Missouri
Jlppeal from Franklin Circuit Court. The case is fully stated in the opinion of Judge Byland. Among a large number of other instructions given by the court below, of its own motion, was the following: 12. If the jury believe from the evidence, that Jones killed Ashford suddenly, without any or without a considerable provocation, the law implies malice, and the homicide would be murder; but if they believe the provocation was great, they will find him guilty of manslaughter…
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Jlppeal from Franklin Circuit Court. The case is fully stated in the opinion of Judge Byland. Among a large number of other instructions given by the court below, of its own motion, was the following: 12. If the jury believe from the evidence, that Jones killed Ashford suddenly, without any or without a considerable provocation, the law implies malice, and the homicide would be murder; but if they believe the provocation was great, they will find him guilty of manslaughter only. The 13th instruction was of a similar character. among others, made the following points : 1. The court erred in…
1Opinion of the Court
Ryland, Judge,
delivered tbe opinion of the court.
Jones was indicted at a special term of the Circuit Court of Eranklin county, in December, 1853, for the murder of Jeremiah W. Ashford. He was tried and convicted of murder in the first degree. A motion for a new trial being made and overruled, he then moved in arrest of judgment, which was also overruled. Exceptions being properly taken, an appeal was prayed and allowed:.
The counsel for the appellant contends that the motion in arrest of judgment should have been sustained, by reason of the insufSciency of the indictment. This indictment is as…
2Cases cited6 opinions
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
- Dias v. StateIndiana Supreme Court · 1843
- State v. DunnSupreme Court of Missouri · 1853
- Bower v. StateSupreme Court of Missouri · 1838
- Watson v. StateSupreme Court of Missouri · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. LoweSupreme Court of Missouri · 1887
- State v. RizorSupreme Court of Missouri · 1944
- Hogan v. StateWisconsin Supreme Court · 1872
- Leonard v. Territory, Washington Territory1885
- State v. DraperSupreme Court of Missouri · 1877
6 more not listed; retrieve them via the Exa API.