State v. Horner
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Hon. Thomas G. Henning, Judge. (1) The evidence upon the part of the State was inadequate to support the allegations of the information and defendant’s requested instruction at the close of the State’s case should have been granted. • (2) The ■ definition of “culpable negligence” given in the instructions is erroneous and vitiates all the instructions.
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Appeal from the St. Louis City Circuit Court. — Hon. Thomas G. Henning, Judge. (1) The evidence upon the part of the State was inadequate to support the allegations of the information and defendant’s requested instruction at the close of the State’s case should have been granted. • (2) The ■ definition of “culpable negligence” given in the instructions is erroneous and vitiates all the instructions. Wharton'on Homicide, sec. 445; State v. Emery, 78 Mo. 77; Shearman & Redfield on Negligence, sec. 7; Scott v. Crums, 2 S. C. 537. (1) The evidence was amply sufficient to sustain the verdict.…
1Opinion of the Court
WILLIAMS, C.
The ' information in this case charges defendant with manslaughter in the fourth degree under section 4468, Revised Statutes 1909, based upon the alleged culpable negligence of defendant in operating an automobile over the public streets of the city of St. Louis in such a manner as to run down and kill one Russell K. Cooper. Upon a trial had in the circuit court of the city of St. Louis, defendant was convicted and his punishment assessed at a fine of five hundred dollars. The evidence upon the part of the State tended to show that the deatb of the deceased occurred about 3:30 p.…
2Cases cited2 opinions
- State v. WatsonSupreme Court of Missouri · 1909
- State v. EmerySupreme Court of Missouri · 1883
3Cited by8 opinions
- Clemens v. StateWisconsin Supreme Court · 1922
- State v. MeltonSupreme Court of Missouri · 1930
- State v. BatesSouth Dakota Supreme Court · 1937
- State v. MillinSupreme Court of Missouri · 1927
- State v. RuffinSupreme Court of Missouri · 1939
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