State v. McKenzie
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Eon. John A. Hockaday, Judge. (1) There is nothing in this case that warranted the instructions on manslaughter in the fourth degree.
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Appeal from Boone Circuit Court. — Eon. John A. Hockaday, Judge. (1) There is nothing in this case that warranted the instructions on manslaughter in the fourth degree. State v. Hopper, 71 Mo. 425; State v. Talbott, 73 Mo. 347; State v. Patterson, 71 Mo. 713; State v. Hersell, 97 Mo. 105; State v. Payton, 90 Mo; 220; State v. Turlington, 102 Mo. 642; State v. Brady, 87 Mo. 142; State v. Phnshon, 124 Mo. 448; State v. Lewis, 118 Mo. 79. (2) The instruction on self-defense erroneously cast the burden of proof on the defendant, and required him to absolutely establish his defense before the jury…
1Opinion of the CourtFox, J.
The indictment in this case charges the defendant with murder in the second degree for killing one John Hawkins at Boone county on the 19th day of. February, 1901. The indictment was found by a grand jury at the June term, 1901, of the circuit court. Trial was had on the 20th day of June, 1901, which resulted in a hung jury. The defendant was then placed under a $1,500 bond and the cause continued until the following term. On the 9th day of June, 1902, a second trial was had which resulted in a verdict of manslaughter in the fourth degree and the punishment fixed at two years in the…
2Cases cited12 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- State v. WelsorSupreme Court of Missouri · 1893
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. MusickSupreme Court of Missouri · 1890
- State v. RaySupreme Court of Missouri · 1873
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3Cited by17 opinions
- State v. WhitsettSupreme Court of Missouri · 1911
- State v. ChurchSupreme Court of Missouri · 1906
- State v. SperitusSupreme Court of Missouri · 1905
- State v. LioliosSupreme Court of Missouri · 1920
- State v. DarlingSupreme Court of Missouri · 1906
12 more not listed; retrieve them via the Exa API.