State v. Miller
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. C. 0. Bland, J udge. (1) Instruction, numbered 5, asked by the defendant should have been given, and the principle therein set forth is the proper one in such cases.
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Appeal from Phelps Circuit Court. — Hon. C. 0. Bland, J udge. (1) Instruction, numbered 5, asked by the defendant should have been given, and the principle therein set forth is the proper one in such cases. Beg. v. Oxford, 9 C. & P. 525; Barton v. People, 114 111. 505. The doctrine of uncontrollable impulse is recognized by all late writers on insanity, and the asylums furnish many instances of patients begging to be. restrained to prevent their doing injury to themselves and others. If this be true, can we hold a person accountable for that which he has not the poyer to avoid. (2)…
1Opinion of the CourtMacfarlane, J.
An indictment was returned by the circuit court of Dent county at the April term, 1888, E. T. Wingo presiding as special judge, in which it was charged that defendant on or about the twenty-fourth day of February, A. D. 1888, at and in the county of Dent, in the state of Missouri, in and upon Effie McGuire, a female child under the age of’ twelve years, to-wit, of the age of nine years, unlawfully and feloniously did make an assault, and her (the said • Effie McGuire) then and there unlawfully and feloniously did carnally know and abuse, etc.
On the application of defendant, a change of venue…
2Cases cited13 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- State v. PagelsSupreme Court of Missouri · 1887
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. HutingSupreme Court of Missouri · 1855
- Comer v. TaylorSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Davis v. StateSupreme Court of Florida · 1902
- State Ex Rel. McGaughey v. GraystonSupreme Court of Missouri · 1942
- State v. JacksonSupreme Court of Missouri · 1940
- Powers v. StateMississippi Supreme Court · 1903
- State v. HassingOregon Supreme Court · 1911
10 more not listed; retrieve them via the Exa API.