State v. Lee
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. Henry J. West-hues, Judge. (1) The information is fatally defective because it fails to contain the special conclusion necessary in an indictment for murder. 22 Oyc. 278; 1 Wharton, Am. Cr.
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Appeal from Cole Circuit Court. — Hon. Henry J. West-hues, Judge. (1) The information is fatally defective because it fails to contain the special conclusion necessary in an indictment for murder. 22 Oyc. 278; 1 Wharton, Am. Cr. Law (6 Ed.) sec. 214; State v. Coleman, 186 Mo. 151; State v. Atchley, 186 Mo. 197; State v. Dawson, 187 Mo. 60; State v. Minor, 193 Mo. 597; State v. Meyers, 99 Mo. 107; State v. Cook, 170 Mo. 210; State v. Sanders, 158 Mo. 610; State v. Lawhorn, 250 Mo. 293. (2) The court erred in failing to instruct on manslaughter, and in failing to sustain the motion for new…
1Opinion of the Court
On trial before a jury, March 6, 1923, the defendant was found guilty of murder in the first degree in killing Preston Young, and his punishment assessed at death.
At the time of the alleged offense, October 10, 1922, John Lee, 26 years old, was an inmate of the penitentiary at Jefferson City, occupying a cell with three other convicts, one of whom was Preston Young. The testimony of defendant's other cellmates was that they were awakened in the night by the outcries of Preston Young. He was exclaiming: "He is killing me, murdering me, cutting me to death!" They saw Lee striking at Young with…
2Cases cited13 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. BrownSupreme Court of Missouri · 1904
- State v. ColemanSupreme Court of Missouri · 1905
- State v. BonnerSupreme Court of Missouri · 1903
- State v. JordanSupreme Court of Missouri · 1920
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3Cited by7 opinions
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- State v. NienaberSupreme Court of Missouri · 1941
- State v. SmithSupreme Court of Missouri · 1969
- State v. GlassSupreme Court of Missouri · 1927
- M & H Enterprises v. Tri-State Delta Chemicals, Inc.Missouri Court of Appeals · 1998
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