State v. Matthews
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Hon-, W. N. EvaNS, Judge. (1) Tbe instructions as a’-whole are too strongly colored and emphasized for the State, and not broad enough to fairly cover defendant’s grounds of defense. They direct the jury to find defendant guilty. Instruction numbered 13 is not the law. It may be part of it, but not all of it. This instruction only goes part of the way, and stops short where it should contain the law for defendant under the facts.
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Appeal from Douglas Circuit Court. — Hon-, W. N. EvaNS, Judge. (1) Tbe instructions as a’-whole are too strongly colored and emphasized for the State, and not broad enough to fairly cover defendant’s grounds of defense. They direct the jury to find defendant guilty. Instruction numbered 13 is not the law. It may be part of it, but not all of it. This instruction only goes part of the way, and stops short where it should contain the law for defendant under the facts. This court has lately expounded the law on this proposition in the Grugin case, 147 Mo. 39, and the rule of x-eason and common…
1Opinion of the CourtSherwood, J.
Indicted for murder in the first degree for killing one R. H. Morgan with a shotgun on the seventeenth of April, 1896, defendant being put upon his trial was found guilty of the second degree of that offense, and his punishment assessed at fourteen years in the penitentiary.
This homicide grows out of a disputed line, and a portion of a disputed rock fence, which, if removed would open defendant’s field and leave it uninclosed, and besides, would admit the water from the hillside to sweep over defendant’s field. A lane running north and south divided the two fences of defendant and of Hammond,…
2Cases cited5 opinions
- Beard v. United StatesSupreme Court of the United States · 1895
- State v. SloanSupreme Court of Missouri · 1871
- Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
- People v. PayneCalifornia Supreme Court · 1857
- People v. DannMichigan Supreme Court · 1884
3Cited by19 opinions
- State v. . MerrickSupreme Court of North Carolina · 1916
- State v. . WilliamsSupreme Court of North Carolina · 1923
- State v. MaloneSupreme Court of Missouri · 1931
- State v. MerrickSupreme Court of North Carolina · 1916
- State v. GartrellMissouri Court of Appeals · 1903
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