State v. Palmer
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. Jolin A. Hockaday, Judge. (1) The court erred in not more fully instructing tbe jury on tbe law as applicable to tbe case, according to tbe evidence, and tbe jury could not fully comprehend defendant’s mental responsibility, as shown by tbe instructions in tbe case.
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Appeal from Callaway Circuit Court. — Hon. Jolin A. Hockaday, Judge. (1) The court erred in not more fully instructing tbe jury on tbe law as applicable to tbe case, according to tbe evidence, and tbe jury could not fully comprehend defendant’s mental responsibility, as shown by tbe instructions in tbe case. Tbe defendant established an habitual chronic state of insanity, extending all through bis life, and the burden of proof was on tbe State, to show a lucid interval, at tbe time of tbe billing. State v. Lowe, 95 Mo. 547; McLeod v. State (Tex.), 20 S. W. 794; State v. Klinger, 43 Mo. 127;…
1Opinion of the Court
SHERWOOD, P. J.-
This prosecution was instituted in Callaway county, because defendant, 20 years old, on the twenty-third day of April, 1899, at his mother’s house in Fulton, shot and killed Thomas Oannaway, aged about 19 years, with a revolver. There were two mortal wounds inflicted by the shooting; one on the right side of the windpipe, the neck being *156powder-burned by the discharge; the other on the left shoulder blade, the padding of the coat being set afire; and Dr. Gordon who testified to these facts, stated that the pistol that made the wounds could only have been a few feet away at the…
2Cases cited11 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. LoweSupreme Court of Missouri · 1887
- The People v. . LakeNew York Court of Appeals · 1855
- Jerry v. TownshendCourt of Appeals of Maryland · 1856
- In re McCarthy's WillNew York Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. CochranSupreme Court of Missouri · 1947
- State v. ChurchSupreme Court of Missouri · 1906
- State v. GoddardSupreme Court of Missouri · 1901
- People v. O'BrienCalifornia Court of Appeal · 1932
- State v. JacksonSupreme Court of Missouri · 1940
14 more not listed; retrieve them via the Exa API.