State v. Gassert
Supreme Court of Missouri
Apipeal from St. Louis Court of Appeals. In order to constitute murder in the second degree, under our statutes, there must at least be an intent to kill, inferable from all the facts and circumstances in the case.
Read the full summary
Apipeal from St. Louis Court of Appeals. In order to constitute murder in the second degree, under our statutes, there must at least be an intent to kill, inferable from all the facts and circumstances in the case. State v. Foster, 61 Mo. 549; State v. Hudson, 59 Mo. 135 ; State v. Underwood, 57 Mo. 40. Whenever there is any doubt as to the grade of the offense, it is the duty of the court clearly and distinctly to instruct.the jury as to the law, defining the several grades of homicide, and then to leave the jury to find from the evidence of which particular grade the defendant is guilty.…
1Opinion of the CourtHenry, J.
i. murder in the presumption of.
It has so often been decided by this court that, from the simple act of killing; the law presumes murder in the second degree, that it is no longer an open question, m this state, whatever doubts may have been formerly expressed on the subject. State v. Holme, 54 Mo. 153; State v. Hudson, 59 Mo. 137; State v. Foster, 61 Mo. 552; State v. Kring, 64 Mo. 594; State v. Lane, 64 Mo. 319. Speaking for myself only, I think it *355extremely difficult to reconcile the doctrine with those cases, in which it has been held by this court, that premeditation means thought of…
2Cases cited6 opinions
- State v. KringSupreme Court of Missouri · 1877
- State v. HolmeSupreme Court of Missouri · 1873
- State v. FosterSupreme Court of Missouri · 1876
- State v. LaneSupreme Court of Missouri · 1876
- State v. HudsonSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. PayneWashington Supreme Court · 1895
- State v. LarkinSupreme Court of Missouri · 1913
- State v. ColvinSupreme Court of Missouri · 1910
- State v. McKinzieSupreme Court of Missouri · 1890
- State v. AmosSupreme Court of Missouri · 1977
5 more not listed; retrieve them via the Exa API.