State v. Harris
Supreme Court of Missouri
Appeal from Macon Circuit Court.—ITon. Andrew Ellison, J udge. 1. The omission of the word “ beforehand ” in the definition of premeditation, is fatal. Premeditation is an element of murder in the second degree, and the prisoner was entitled to have it properly defined.
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Appeal from Macon Circuit Court.—ITon. Andrew Ellison, J udge. 1. The omission of the word “ beforehand ” in the definition of premeditation, is fatal. Premeditation is an element of murder in the second degree, and the prisoner was entitled to have it properly defined. State v. Kotovshy, 74 Mo. 247; State v. Curtis, 70 Mo. 594; State v. Sharp, 71 Mo. 218 ; State v. Ellis, 74 Mo. 207. The definition given does not explain but obscures; it is the definition of a different word. 2. The testimony of the defendant in regard to the threat of the deceased was not hearsay. It was direct evidence…
1Opinion of the CourtNorton, J.
The defendant was tried at the September term, 1881, of the Macon county circuit court, upon an indictment charging him with murder in the first degree in killing one Thomas Morgan, and was convicted of murder in the second degree, and his punishment assessed at twenty years in the penitentiary. From this judgment defendant has appealed to this court and seeks a reversal thereof for alleged errors committed by the court in instructing the jury and in refusing to admit evidence offered by defendant.
It is insisted that the first instruction is erroneous in this, that it defines the word “…
2Cases cited4 opinions
- State v. WienersSupreme Court of Missouri · 1877
- Pullis v. RobisonSupreme Court of Missouri · 1880
- Carico v. CommonwealthCourt of Appeals of Kentucky · 1870
- People v. SheaCalifornia Supreme Court · 1857
3Cited by9 opinions
- Lovett v. StateSupreme Court of Florida · 1892
- Cook v. StateSupreme Court of Florida · 1903
- State v. LarkinSupreme Court of Missouri · 1913
- Perugi v. StateWisconsin Supreme Court · 1899
- Basham v. StateCourt of Criminal Appeals of Oklahoma · 1930
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