State v. Richardson
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — No». Henry G. Biley, Judge. (1) The court erred in overruling defendant’s ■application for a continuance. (2) The court erred in overruling defendant’s application for a change of venue. (3) The cohrt should have given the instruction on justifiable homicide in the fourth degree. R. ■S. 1899, sec. 1833. (1) The indictment is sufficient; it contains every element necessary to charge defendant with murder in the first degree.
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Appeal from Cape Girardeau Circuit Court. — No». Henry G. Biley, Judge. (1) The court erred in overruling defendant’s ■application for a continuance. (2) The court erred in overruling defendant’s application for a change of venue. (3) The cohrt should have given the instruction on justifiable homicide in the fourth degree. R. ■S. 1899, sec. 1833. (1) The indictment is sufficient; it contains every element necessary to charge defendant with murder in the first degree. State v. Bailey, 88 S. W. 735; State v. Turlington, 102 Mo. 647. (2) No error was committed by the court in overruling…
1Opinion of the CourtFox, J.
This cause is here upon appeal by the defendant from a judgment of the circuit court of Cape *329Girardeau county, Missouri, convicting him of murder of the first degree. The indictment upon which defendant was tried was returned by the grand jury on January, 2, 1905, charging James Richardson and Phoebe Richardson, his wife, with murder in the first degree. Omitting formal parts, the offense was thus charged:
“The grand jurors of the State of Missouri, duly empaneled, sworn and charged to inquire within and for the county of Cape Girardeau, State aforesaid, on their oaths present and charge, that…
2Cases cited7 opinions
- State v. RobinsonSupreme Court of Missouri · 1893
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- Bob v. StateSupreme Court of Alabama · 1858
- State v. BurnsSupreme Court of Missouri · 1884
- State v. AlredSupreme Court of Missouri · 1893
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3Cited by17 opinions
- State v. McGeeSupreme Court of Missouri · 1935
- State v. RascoSupreme Court of Missouri · 1912
- State v. BurrellSupreme Court of Missouri · 1923
- State v. BrydonMissouri Court of Appeals · 1981
- State v. BreyerIdaho Supreme Court · 1925
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