State v. Umble
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. H. P. White, Judge. (1) The court erred in not instructing the jury upon murder of the second degree. “From the simple act of an (intentional) killing, the law presumes murder of the second degree. If the homicide was intentional, but not premeditated and deliberate, nor within any of the grades of manslaughter, or justifiable or excusable, it was murder of the second degree.”
Read the full summary
Appeal from Jackson Circuit Court. — Hon. H. P. White, Judge. (1) The court erred in not instructing the jury upon murder of the second degree. “From the simple act of an (intentional) killing, the law presumes murder of the second degree. If the homicide was intentional, but not premeditated and deliberate, nor within any of the grades of manslaughter, or justifiable or excusable, it was murder of the second degree.” State v. Hudson, 59 Mo. 137; State v. Mathews, 20 Mo. 50,; State v. Branstetter, 65 Mo. 155; State v: Gassert, 65 Mo. 354; State v. McKimie, 102 Mo. 628. (2) The court erred in…
1Opinion of the CourtG-antt, P. J.
The defendant is a negro woman and was indicted by the grand jury of J ackson county for the murder of another negro woman, Effie Jackson, on the fifteenth of May, 1891. She was assigned counsel by the criminal court, and they have shown a most commendable appreciation of the obligation resting upon the members of our profession, under such circumstances, by defending her case with painstaking-care and with much ability. .
After several continuances the cause was finally tried at the April term, 1892, and she was convicted of murder in the first degree.
This state of facts is shown by the…
2Cases cited14 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. WalkerSupreme Court of Missouri · 1888
- State v. HopperSupreme Court of Missouri · 1880
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. JohnsonSupreme Court of Missouri · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Monts v. StateTennessee Supreme Court · 1964
- Watson v. StateCourt of Appeals of Maryland · 2001
- Springer v. StateSupreme Court of Georgia · 1897
- Pennington v. StateCourt of Criminal Appeals of Tennessee · 1971
- State v. CalderMontana Supreme Court · 1900
24 more not listed; retrieve them via the Exa API.