Legal Opinion

State v. Harlow

Supreme Court of Missouri

Decided July 15, 1855PublishedCited by 18 opinions

Appeal from Chariton Circuit Court. The facts are stated in the opinion of Judge Ryland. 1. The court erred in giving the 5th instruction for the state. (Wharton’s Crim. Law, 395. Monroe v. State, 5 Geo. 2 Comst. 202.) 2. The 7th instruction was erroneous. (18 Mo. Rep. 423. 8 Smedes & Marsh. 401.) 3. The 3d instruction ashed by defendant should have been given. 4. The 4th instruction asked by defendant should have been given.

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Appeal from Chariton Circuit Court. The facts are stated in the opinion of Judge Ryland. 1. The court erred in giving the 5th instruction for the state. (Wharton’s Crim. Law, 395. Monroe v. State, 5 Geo. 2 Comst. 202.) 2. The 7th instruction was erroneous. (18 Mo. Rep. 423. 8 Smedes & Marsh. 401.) 3. The 3d instruction ashed by defendant should have been given. 4. The 4th instruction asked by defendant should have been given. (11 Humpb. 154.) 5. The 9th and 18th instructions for defendant should have been given. 6. A new trial should have been granted for the misconduct of the jury. (9 Smedes…

1Opinion of the CourtRyland, Judge

Kinsolving Harlow was indicted at the May term of the Circuit Court of Chariton county, in the year eighteen hundred and fifty-five, for the murder of Green B. Andrews. He was tried *447at the same term and was convicted ; the jury finding him guilty of manslaughter in the first degree, and assessing his punishment to ten years’ imprisonment in the state penitentiary.

The defendant moved for a new trial; also, in arrest of judgment; which motions being denied, he excepted, and has brought the case here by appeal. His counsel in this court contends that the Circuit Court erred in giving and in…

2Cited by18 opinions

  1. State v. ErwinSupreme Court of Missouri · 1993
  2. State v. BrownSupreme Court of Missouri · 1904
  3. State v. RichardsonSupreme Court of Missouri · 1973
  4. State v. CarlisleSupreme Court of Missouri · 1874
  5. State v. BartleySupreme Court of Missouri · 1935

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