State v. Thomas
Supreme Court of Missouri
Appeal from the Saline Criminal Court. — Hon. John E. Ryland, Judge. (1) The indictment is wholly insufficient. It fails to charge the homicidal act, itself, was done feloniously, etc. State v. Herrell, 97 Mo. 107. See also State v. Sundheimer, 93 Mo. 313. (2) The court erred in giving state’s instruction number 1, in defining mal ice, and in not discriminating' between the counts of indictment.
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Appeal from the Saline Criminal Court. — Hon. John E. Ryland, Judge. (1) The indictment is wholly insufficient. It fails to charge the homicidal act, itself, was done feloniously, etc. State v. Herrell, 97 Mo. 107. See also State v. Sundheimer, 93 Mo. 313. (2) The court erred in giving state’s instruction number 1, in defining mal ice, and in not discriminating' between the counts of indictment. Also in giving state’s instruction number 4, in that it allows the jury to consider “facts and circumstances as detailed in the trial of this cause thereby authorizing them to consider other than…
1Opinion of the CourtBrace, J.
At the March term, 1888, of the criminal court of Saline county, the defendant was indicted for murder in the first degree. The indictment, in two counts,' charges him with having murdered John Lowry on the eleventh of October, 1884, in said county. He was arraigned, plead not guilty, and the case was continued until the September term, when it was set down for trial on the second day of January, 1889, at which time he was tried, found guilty of murder in the first degree, and sentenced to be hanged. His motion for new trial, and in arrest of judgment, having been overruled, he appeals, the…
2Cases cited15 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. HaydenSupreme Court of Iowa · 1876
- State v. DicksonSupreme Court of Missouri · 1883
- Bressler v. PeopleIllinois Supreme Court · 1886
- Burdick v. HuntIndiana Supreme Court · 1873
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3Cited by20 opinions
- State v. GregorySupreme Court of Missouri · 1936
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. SmithSupreme Court of Missouri · 1948
- Mannon v. FrickSupreme Court of Missouri · 1956
- State ex rel. Clagett v. JamesSupreme Court of Missouri · 1959
15 more not listed; retrieve them via the Exa API.