State v. Moxley
Supreme Court of Missouri
Appeal from, Chariton Circuit Court. — How. Gr. D. Burgess, 'Judge. The court gave tlie following instructions at the request of the prosecution : "1. The jury are instructed that if they believe from the evidence, beyond a reasonable doubt, that the defendant, Marion Moxley, on or about October 12, 1885, in Chariton county, Missouri, wilfully, feloniously, premeditatedly and of his malice aforethought, killed Mary Moxley, in the manner and by the means specified in the…
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Appeal from, Chariton Circuit Court. — How. Gr. D. Burgess, 'Judge. The court gave tlie following instructions at the request of the prosecution : "1. The jury are instructed that if they believe from the evidence, beyond a reasonable doubt, that the defendant, Marion Moxley, on or about October 12, 1885, in Chariton county, Missouri, wilfully, feloniously, premeditatedly and of his malice aforethought, killed Mary Moxley, in the manner and by the means specified in the indictment, then they must find him guilty of murder in the second degree, and will assess his punishment at imprisonment in…
1Opinion of the CourtSherwood, J.
— The defendant was indicted for the murder of his wife, which was charged to have occurred on the twelfth day of October, 1885. The trial took place during the latter part of October and the first of November, 1889, resulting in a conviction of murder in the second degree and the punishment assessed at imprisonment in the penitentiary for the term of twenty years, and, judgment being entered accordingly, the defendant appeals to this court and for reversal of the judgment assigns various grounds.
The evidence, as will be seen by a statement of it which accompanies this opinion, was altogether…
2Cases cited13 opinions
- State v. WienersSupreme Court of Missouri · 1877
- Dukes v. StateIndiana Supreme Court · 1859
- State v. JohnsonTexas Supreme Court · 1854
- Davis v. StateCourt of Appeals of Maryland · 1873
- People v. StrongCalifornia Supreme Court · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- State v. DiGuilioSupreme Court of Florida · 1986
- State v. HeppermanSupreme Court of Missouri · 1942
- State v. TiedtSupreme Court of Missouri · 1950
- State v. RobinsonSupreme Court of Missouri · 1893
- Brewer v. RingSupreme Court of North Carolina · 1919
51 more not listed; retrieve them via the Exa API.