State v. Deitz
Supreme Court of Missouri
Appeal from Jasper Circuit Court . — Hon. Henry L. Bright; Judge. (1) Instruction 91 is bad. Tbe evidence showed that statements made by defendant were made while defendant was delirious from the wound in his head, and under such circumstances it was erroneous to instruct the jury that statements by defendant against himself are presumed to be true.
Read the full summary
Appeal from Jasper Circuit Court . — Hon. Henry L. Bright; Judge. (1) Instruction 91 is bad. Tbe evidence showed that statements made by defendant were made while defendant was delirious from the wound in his head, and under such circumstances it was erroneous to instruct the jury that statements by defendant against himself are presumed to be true. The instruction should have been qualified to require the jury to find that the defendant was in a condition of mind that he understood the statements when made. State v. Webb, 216 Mo. 391. (2) Instruction 17 is erroneous. It tells the jury that…
1Opinion of the Court
ROY, C.
— On September 14, 1909, an information was filed in the circuit court of Jasper county, charging the defendant with murder in the first degree in having shot and murdered his wife, Josephine Deitz, on August 14,1909;, in the city of Joplin. On February .5, 1910, defendant was put upon his trial, and on February 9, 1910', he was convicted by the jury of murder in the second degree and was sentenced to twenty-five years in the penitentiary. In due time he perfected his appeal to this court.
The defendant had been jealous of the attentions of other men to his wife. They lived with Mrs-.…
2Cases cited2 opinions
- State v. SykesSupreme Court of Missouri · 1905
- State v. BrownSupreme Court of Missouri · 1905
3Cited by2 opinions
- State v. WhiteSupreme Court of Missouri · 1969
- State v. BakerSupreme Court of Missouri · 1912