State v. Reynolds
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) The court should have given an instruction to the jury that they might find defendant guilty and assess his punishment at a fine or imprisonment in the county jail, or both such fine and imprisonment. See Revised Statutes, 1889, section 3950. It is the duty of the circuit court to instruct the jury on all the law arising in the case.
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Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) The court should have given an instruction to the jury that they might find defendant guilty and assess his punishment at a fine or imprisonment in the county jail, or both such fine and imprisonment. See Revised Statutes, 1889, section 3950. It is the duty of the circuit court to instruct the jury on all the law arising in the case. Hardy v. State, .7 Mo. 608. (2) It is the duty of the court in the trial of a criminal case to give proper instructions defining each crime of which, under the indictment, the defendant can be…
1Opinion of the CourtGantt, P. J.
— Defendant was indicted for assault with intent to kill one F. E. White, at the August term, 1890, of the Oregon circuit court. He was convicted at the August term, 1894.
The evidence introduced by the state tends to prove that appellant Reynolds made an assault on F. E. White with rocks, and finally struck at him with a knife, cutting his coat, vest and suspenders.
The testimony on the part of the defendant tends to prove the following facts: That Reynolds (the defendant) was working for the railroad company, and had obtained a ten days’ lay-off; that on the day of the difficulty defendant…
2Cases cited2 opinions
- State v. BuchlerSupreme Court of Missouri · 1890
- State v. WebsterSupreme Court of Missouri · 1883
3Cited by4 opinions
- State v. WashingtonSupreme Court of Missouri · 1962
- State v. ShiversSupreme Court of Missouri · 1970
- State v. FredericksSupreme Court of Missouri · 1896
- State v. WashingtonSupreme Court of Missouri · 1962