State v. Donnelly
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in failing to instruct upon all questions of law; in giving instructions not warranted by the evidence and in giving illegal instructions. State v. Taylor, 118 Mo. 153; State v. Welsor, 118 Mo. 124. (2) The jury should have been instructed on murder in the second degree.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in failing to instruct upon all questions of law; in giving instructions not warranted by the evidence and in giving illegal instructions. State v. Taylor, 118 Mo. 153; State v. Welsor, 118 Mo. 124. (2) The jury should have been instructed on murder in the second degree. State v. Williams, 69 Mo. 112; State v. Dierberger, 96 Mo. 666; State v. Wieners, 66 Mo. 13. (3) The court should have instructed that the indictment constituted no evidence against defendant. State v. Brown, 115 Mo. 409; State v. Duncan, 116…
1Opinion of the CourtBurgess, J.
From a conviction of murder in the first degree for killing one Samuel Turner, on the twenty-eighth day of July, 1893, in Audrain county, defendant appealed. The motive for the assault seems to have been robbery.
The murder is charged to have been committed on the night of July 29, 1893. About two o’clock on that morning deceased was found lying unconscious on a side track of the Chicago & Alton railroad in the city of Mexico in said county. One of his pants pockets was turned wrong side out. He had no money or other property about his person. He was carried to the city prison, in which he was…
2Cases cited14 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. MoxleySupreme Court of Missouri · 1890
- State v. Chyo ChiagkSupreme Court of Missouri · 1887
- State v. JacksonSupreme Court of Missouri · 1891
- State v. MaxwellSupreme Court of Iowa · 1875
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3Cited by43 opinions
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. BlitzMissouri Court of Appeals · 1903
- State v. DaymusArizona Supreme Court · 1961
38 more not listed; retrieve them via the Exa API.