State v. Wade
Supreme Court of Missouri
Appeal from Olay Circuit Court. — Hon. E. J. Broaddus, Judge. (3) Tbe evidence does not sufficiently prove tbe venue. Tbis in itself is ground for reversal. State v. Meyers, 64 Mo. 190; State v. Gordon, 4 Mo. 376; State v. Miller, 71 Mo. 89; State v. Hughes, 71 Mo. 833; State v. McGinniss, 74 Mo. 245; State v. Washburn, 48 Mo. 240; State v. Pennington, 124 Mo. 388; State v. Schuerman, 70 Mo.
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Appeal from Olay Circuit Court. — Hon. E. J. Broaddus, Judge. (3) Tbe evidence does not sufficiently prove tbe venue. Tbis in itself is ground for reversal. State v. Meyers, 64 Mo. 190; State v. Gordon, 4 Mo. 376; State v. Miller, 71 Mo. 89; State v. Hughes, 71 Mo. 833; State v. McGinniss, 74 Mo. 245; State v. Washburn, 48 Mo. 240; State v. Pennington, 124 Mo. 388; State v. Schuerman, 70 Mo. App. 518. (2) “Premeditation,” is a necessary element of the crime of murder, and it is the duty of the court to define all the terms of the crime with which the defendant stands charged, to the jury, by…
1Opinion of the CourtSherwood, J.
— Charged with mnrder in the first degree because of shooting to death with a shotgun Alexander Schamel, defendant was found guilty of the second degree of that offense, and his punishment assessed at twenty years in the penitentiary.
The difficulty which resulted in the tragedy had its origin in those fruitful sources of homicide, in this State, a disputed boundary and a division fence.
The first count in the indictment charged the homicide to have been perpetrated with a shotgun and is in usual and approved form. ‘ But that count is bad because it has no conclusion such as was pointed out to…
2Cases cited9 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Keech v. StateSupreme Court of Florida · 1876
- State v. . PhelpsSupreme Court of North Carolina · 1871
- State v. LyonWisconsin Supreme Court · 1863
- State v. WagnerSupreme Court of Missouri · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fults v. StateMissouri Court of Appeals · 1989
- State v. NicholasMissouri Court of Appeals · 1907
- State v. WadeSupreme Court of Missouri · 1901
- State v. HedrickMissouri Court of Appeals · 1949
- State v. O'KelleySupreme Court of Missouri · 1914