State v. John
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Son. Franklin Ferris, Judge. (1) The evidence taken as a whole did not warrant an instruction on murder in the second degree. State v. Wieners, 66 Mo. 13; State v. Wilson, 98 Mo. 448; State v. Palmer, 88 Mo. 568; Wellar v. People, 30 Mich. 16; People v. Munn, 65 Cal. 211; Henry v. State, 33 Ga. 441; Patterson Case, 3 N. Y. City Hall Recorder 145; 2 Bishop, Crim.
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Appeal from St. Louis City Circuit Court. — Son. Franklin Ferris, Judge. (1) The evidence taken as a whole did not warrant an instruction on murder in the second degree. State v. Wieners, 66 Mo. 13; State v. Wilson, 98 Mo. 448; State v. Palmer, 88 Mo. 568; Wellar v. People, 30 Mich. 16; People v. Munn, 65 Cal. 211; Henry v. State, 33 Ga. 441; Patterson Case, 3 N. Y. City Hall Recorder 145; 2 Bishop, Crim. Law, sec. 734; Commonwealth v. Webster, 5 Cush. 307. (2) The instruction should have stated that there could be no murder without an intent to kill, either express or implied. State v.…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the October term, 1901,'of the circuit court of the city of St. Louis and was regularly assigned to the criminal division of said court (No. 9) presided over by Judge Franklin Perris.
The charge was murder in the s.econd degree. Henry Bichter was the victim. The substantial averment is that defendant, on the third day of July, 1901, *223at the city of.St. Louis, “with force and arms in and upon one Henry Richter in peace of the State then and there being feloniously, willfully, premeditatedly, and of his malice aforethought did make an assault and that the said Edward…
2Cases cited3 opinions
- Wellar v. PeopleMichigan Supreme Court · 1874
- People v. MunnCalifornia Supreme Court · 1884
- State v. HylandSupreme Court of Missouri · 1898
3Cited by13 opinions
- Commonwealth v. GricusMassachusetts Supreme Judicial Court · 1944
- Johnson v. CommonwealthCourt of Appeals of Virginia · 2008
- Roark v. CommonwealthSupreme Court of Virginia · 1944
- State v. LloydSupreme Court of Missouri · 1935
- State v. LambornSupreme Court of Missouri · 1970
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