State v. Curtner
Supreme Court of Missouri
Appeal from Pemiscot Circuit ■ Court. — Mon. Frank Kelly, Judge. (1) When an instruction is desired on a particular subject, the trial court’s attention should be directed specifically to its failure to instruct thereon. State v. Groves, 194 Mo. 458; State v. McCarver, 194 Mo. 742; State v. Conway, 241 Mo. 288. (2) This court cannot review instructions if no exception is saved at the time by the defendant to action of the trial court in overruling his motion for a new trial.
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Appeal from Pemiscot Circuit ■ Court. — Mon. Frank Kelly, Judge. (1) When an instruction is desired on a particular subject, the trial court’s attention should be directed specifically to its failure to instruct thereon. State v. Groves, 194 Mo. 458; State v. McCarver, 194 Mo. 742; State v. Conway, 241 Mo. 288. (2) This court cannot review instructions if no exception is saved at the time by the defendant to action of the trial court in overruling his motion for a new trial. State v. Penland, 199 Mo. 154; State v. Irwin, 171 Mo. 558; State v. Harvey, 105 Mo. 316. (3) Where, as in this case,…
1Opinion of the CourtBrown, J.
Adjudged to serve a term of seven years in the penitentiary for assaulting with intent to kill one Lonnie Howell, defendant appeals to this court.
On February 9, 1912, defendant met Lonnie How-oil and his father-in-law, Bud Rockett, at the town of Braggadocio,-Missouri. All these parties lived on nearby farms and had walked to town. A heavy snow was falling.
Howell and Rockett became drunk and talked and acted boisterously. They engaged in a quarrel with defendant because the latter made some remark about their Being drunk when one of them fell in the snow.
Howell cursed defendant and threatened…
2Cases cited3 opinions
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- State v. DevorssSupreme Court of Missouri · 1909
- Olfermann v. Union Depot RailroadSupreme Court of Missouri · 1894
3Cited by8 opinions
- State v. BongardSupreme Court of Missouri · 1932
- State v. NenningerSupreme Court of Missouri · 1945
- State v. StoughSupreme Court of Missouri · 1928
- State v. GoodmanSupreme Court of Missouri · 1973
- Bosserman v. SmithMissouri Court of Appeals · 1920
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