State v. Thomas
Supreme Court of Missouri
Appeal from Iron Circuit Court — Hon. John L. Thomas, Judge. Indictment of Edward Thomas, for the murder of Nicholas Joos. Ellis Lassater, a witness for the State, testified: I was present when Joos was killed at Middlebrook. I was on the Widow Seitz’s porch thirty or forty yards away at first; saw Edward Thomas make a motion with his hands toward Joos’mouth. Joos got up. No blows passed then. They had their hands up. I then went there.
Read the full summary
Appeal from Iron Circuit Court — Hon. John L. Thomas, Judge. Indictment of Edward Thomas, for the murder of Nicholas Joos. Ellis Lassater, a witness for the State, testified: I was present when Joos was killed at Middlebrook. I was on the Widow Seitz’s porch thirty or forty yards away at first; saw Edward Thomas make a motion with his hands toward Joos’mouth. Joos got up. No blows passed then. They had their hands up. I then went there. They clinched and fell, and rolled down hill ten or fifteen stej>s, first one on top, then the other. When I came to them J oos was on top and rolled off. Ed.…
1Opinion of the CourtSherwood, J.
The defendant was indicted for murder in the first degree, and on trial was convicted of murder in the second-degree, and his punishment assessed at ten years in the penitentiary.
The case as a whole was well tried, and the instructions prepared by the court, of its own motion, are exceptionally good. They embraced within their scope the various grades of murder and of manslaughter in the third azid fouz’th degrees. The evidence was of such a nature as to warrant instructions for these various degrees of homicide. The instructions given by .the court, of its own motion, fully embodied those…
2Cases cited3 opinions
- State v. CooperSupreme Court of Missouri · 1880
- State v. JaegerSupreme Court of Missouri · 1877
- State v. MusickSupreme Court of Missouri · 1880
3Cited by26 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. GrantSupreme Court of Missouri · 1883
- State v. HowardSupreme Court of Missouri · 1893
- State v. MusickSupreme Court of Missouri · 1890
- State v. PatrickSupreme Court of Missouri · 1891
21 more not listed; retrieve them via the Exa API.