State v. Byrd
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Ron. E. M. Rearing, Judge. (1) Instruction numbered one refers the jury to the indictment to determine what they must find in order to convict, and is therefore erroneous.
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Appeal from Jefferson Circuit Court. — Ron. E. M. Rearing, Judge. (1) Instruction numbered one refers the jury to the indictment to determine what they must find in order to convict, and is therefore erroneous. State v. Constitino, 181 S. W. 1155; State v. Baker, 246 Mo. 374; State v. Marion, 235 Mo. 375; State v. McCaskey, 104 Mo. 644; State v. Brown, 104 Mo. 365. (2) Instruction 2 is erroneous because it does not define all the elements of murder in the second degree and because there is no evidence of a common piirpose on the part of defendant and anyone to kill the deceased, and there is…
1Opinion of the CourtWalker, J.
Defendant was indicted in the Circuit Court of Jefferson County for murder in the second degree, charged with the ldlling of one Rae Sellers, by shooting him with a pistol. Upon a trial, he was found guilty, as charged, and sentenced to ten years’ imprisonment in the Penitentiary. From this judgment he appeals.
The deceased was employed as an electrician by a street fair company, while the latter was holding what was termed a carnival at Crystal City. The exhibitions of. the company were conducted in a series of tents. The deceased, a short time before he was shot, had been engaged in an…
2Cases cited3 opinions
- State v. GartrellMissouri Court of Appeals · 1903
- State v. BakerSupreme Court of Missouri · 1915
- State v. MoreheadSupreme Court of Missouri · 1917
3Cited by7 opinions
- State v. GilliamSupreme Court of Missouri · 1961
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1943
- State v. BarrSupreme Court of Missouri · 1935
- Lane v. StateMissouri Court of Appeals · 1982
- State v. HermonMissouri Court of Appeals · 1989
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