State v. Wilson
Supreme Court of Missouri
Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. The court committed error in refusing to give an instruction on murder in the second degree. State v. Banks, 73 Mo. 592; State v. Wilson, 85 Mo. 134. The evidence did not authorize an instruction on murder in the second degree.
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Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. The court committed error in refusing to give an instruction on murder in the second degree. State v. Banks, 73 Mo. 592; State v. Wilson, 85 Mo. 134. The evidence did not authorize an instruction on murder in the second degree. In reversing the case before, the court did not hold that the trial court had erred in failing to give an instruction for a lower grade of homicide than charged in the indictment, but that ££ the instructions given recognized and allowed a finding in a lower degree than murder in the first degree, but…
1Opinion of the CourtNorton, J.
The defendant was tried at the October term, 1885, of the circuit court of Lafayette county, and convicted of murder in the first degree for killing one Jennie Standford, from which he has appealed. This •cause was before us at our last April term on a like' appeal from a like judgment of conviction, and was reversed upon the ground that the court gave an instruction recognizing the right of the jury to find defendant guilty of some grade of homicide below murder in the first degree. There was nothing said in the opinion as to the grade of homicide below murder in the first degree to which…
2Cases cited4 opinions
- State v. StarrSupreme Court of Missouri · 1866
- State v. PhillipsSupreme Court of Missouri · 1857
- State v. WilsonSupreme Court of Missouri · 1884
- State v. JonesSupreme Court of Missouri · 1883
3Cited by6 opinions
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. UmbleSupreme Court of Missouri · 1893
- State v. PunshonSupreme Court of Missouri · 1894
- State v. LewisSupreme Court of Missouri · 1893
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