State v. Rollins
Supreme Court of Missouri
Appeal from D-unMiu Circuit Court. — Hon. J. L. Fort, J udge. For the State the court gave four instructions, none of which was based upon the relation or rights of an officer in arresting one charged with crime. The instruction which defines the offense under the theory of the State simply attempts to define culpable negligence, and instructed the jury to convict the deféndant if he killed the deceased under such circumstances as constituted culpable negligence.
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Appeal from D-unMiu Circuit Court. — Hon. J. L. Fort, J udge. For the State the court gave four instructions, none of which was based upon the relation or rights of an officer in arresting one charged with crime. The instruction which defines the offense under the theory of the State simply attempts to define culpable negligence, and instructed the jury to convict the deféndant if he killed the deceased under such circumstances as constituted culpable negligence. There was no instruction which gave the case to the jury upon the theory and fact that the defendant was an officer engaged in…
1Opinion of the CourtGantt, P. J.
This prosecution was commenced by information in the circuit court of Dunklin county, April 21, 1908. The information charges murder in the first degree of J. A. Leftwich at said county on the 19th of October, 1907. Afterwards at the May term, 1908, the prosecuting attorney elected to proceed for murder in the second degree only, and thereupon the defendant was duly arraigned and pleaded not guilty. At the same term he was put upon his trial and convicted of manslaughter in the fourth degree, and sentenced to the penitentiary for two years. From that sentence he has appealed in due form.
*526The…
2Cases cited2 opinions
- State v. FosterSupreme Court of Missouri · 1893
- State v. SchiellerSupreme Court of Missouri · 1895
3Cited by5 opinions
- State v. ParkerMissouri Court of Appeals · 1964
- State v. FordSupreme Court of Missouri · 1939
- Gray Ex Rel. Gray v. EarlsSupreme Court of Missouri · 1923
- Robbs Ex Rel. Robbs v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1922
- State v. WalkerSupreme Court of Missouri · 1925