State v. Swain
Supreme Court of Missouri
Appeal from Newton Circuit Court. — ITon. Joseph Cravens, Judge. The court gave the usual instruction as to reasonable doubt, and added that “ a captious doubt, or mere possibility of innocence, is not to be regarded as a reasonable doubt.”
1Opinion of the CourtSherwood, C. J.
— One Jasper Hale, J. O. Swain, and his brothers, Thomas and Allen-Swain, the defendants, were jointly indicted for murder in the first degree, in the killing of Paul Marshall; the first count charging all the defendants as principals; the second, Hale as principal, the others as aiders and abettors. Hale was not arrested. On trial had, J. O. Swain was acquitted, and the defendants convicted of murder in the second degree, their punishment being assessed at seventeen years each in the penitentiary, and they appeal here, alleging for the reversal of the judgment against them, many errors as…
2Cases cited5 opinions
- State v. AlexanderSupreme Court of Missouri · 1877
- Beaver v. TaylorSupreme Court of the United States · 1864
- State v. JenningsSupreme Court of Missouri · 1853
- State v. MillerSupreme Court of Missouri · 1878
- Merchants' Bank v. BertholdSupreme Court of Missouri · 1870
3Cited by19 opinions
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. FairlambSupreme Court of Missouri · 1894
- Ellis v. United StatesCourt of Appeals for the Eighth Circuit · 1943
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. BrothertonSupreme Court of Missouri · 1954
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