Plummer v. State
Supreme Court of Missouri
Appeal from the circuit court of Lincoln county. That the court erred in refusing to grant a new trial because, 1st. The testimony shows a plain case of excusable homicide, this covers the three first reasons assigned for a new trial. 2nd.
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Appeal from the circuit court of Lincoln county. That the court erred in refusing to grant a new trial because, 1st. The testimony shows a plain case of excusable homicide, this covers the three first reasons assigned for a new trial. 2nd. The verdict is against law; it being settled by this court that on an indictment for murder, the party may be convicted of manslaughter, I shall not again seek to stir that question, but here the verdict is, guilty of manslaughter in the third degree in manner and form, as charged in the indictment, when there is no such charge. 3rd. The verdict is against…
1Opinion of the Court
Opinion of the Court delivered by
Napton Judge.
Philemon Plummer was indicted for the murder of Joseph Plummer, by the grand jury of the county of Lincoln, at the April term of the circuit court. The first count charged, that defendant feloniously, wilfully, of his malice aforethought, and by lying in wait,, assaulted the said Joseph Plummer; and with a large stick did feloniously &c., strike the sqid Joseph, in and upon, the right side of the head of the said Joseph, and inflicted a mortal, wound,, of which the said Joseph immediately died; this count concludes in the usual form. The second…
2Cited by4 opinions
- Brown v. StateSupreme Court of Florida · 1893
- State v. ColvinSupreme Court of Missouri · 1910
- State v. ShoemakerSupreme Court of Missouri · 1841
- State v. FinnMissouri Court of Appeals · 1889