State v. Mills
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. J. G. Slate, Judge. (1) The court failed to instruct the jury as to all the law arising in the case, contrary to Sec. 5231, R. S. 1909. Whatever grades of crime the defendant’s testimony tended to prove, should have been covered by appropriate instructions based upon his testimony, and the failure of the court so to instruct the jury constitutes reversible error.
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Appeal from Cooper Circuit Court. — Hon. J. G. Slate, Judge. (1) The court failed to instruct the jury as to all the law arising in the case, contrary to Sec. 5231, R. S. 1909. Whatever grades of crime the defendant’s testimony tended to prove, should have been covered by appropriate instructions based upon his testimony, and the failure of the court so to instruct the jury constitutes reversible error. State v. Richardson, 194 Mo. 315; State v. Heath, 221 Mo. 565; State v. Sebastian, 215 Mo. 58; State v. Banks, 73 Mo. 592. (2) Defendant testified that the deceased first struck at Mm,…
1Opinion of the CourtFaeis, J.
Defendant, tried in the circuit court of Cooper County, for murder in the first degree, for that, as it was charged in the indictment, he stabbed and killed one Philip Carpenter, was found guilty and his punishment assessed at death. From this conviction and the sentence bottomed thereon, he has, after the conventional motions, appealed.
The facts of this homicide as the, record discloses them run about thus: On the night of March 31, 1917, Philip Carpenter (hereinafter for brevity called deceased), and one Louis Orr, both of whom were printers, were together in the town of Boonville. After…
2Cases cited18 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. WalkerSupreme Court of Missouri · 1888
- State v. FairlambSupreme Court of Missouri · 1894
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- State v. DonnellySupreme Court of Missouri · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stokes v. Wabash Railroad Co.Supreme Court of Missouri · 1946
- Haussener v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- State v. BarbataSupreme Court of Missouri · 1935
- State v. GarnerSupreme Court of Missouri · 1950
- State v. GriggsSupreme Court of Missouri · 1951
13 more not listed; retrieve them via the Exa API.