State v. Robb
Supreme Court of Missouri
Appeal from, Randolph Circuit Court. — Hon. Gf. H. Burokhartt, Judge. (1) The court erred in overruling the motion in arrest of judgment. R. S., secs. 1262, 1263, 1264, 1265, 1654,1655,1927,1968 ; Slater. Msher, 1 West. Rep. 560 ; Quest r. State, 19 Ark. 405. (2). The court erred in re-, fusing to give the sixth instruction asked by defendant. (3) The court erred in giving the instructions for the state. The instruction on reasonable doubt is erroneous. Stater.
Read the full summary
Appeal from, Randolph Circuit Court. — Hon. Gf. H. Burokhartt, Judge. (1) The court erred in overruling the motion in arrest of judgment. R. S., secs. 1262, 1263, 1264, 1265, 1654,1655,1927,1968 ; Slater. Msher, 1 West. Rep. 560 ; Quest r. State, 19 Ark. 405. (2). The court erred in re-, fusing to give the sixth instruction asked by defendant. (3) The court erred in giving the instructions for the state. The instruction on reasonable doubt is erroneous. Stater. Owen, 79 Mo. 620 ; State r. Smith, 21 Mo. App. 595. The fourth instruction is not the law, and the fifth is calculated to mislead.…
1Opinion of the Court
Black, J. —
The defendant was indicted for an assault with intent to kill Kelly Williams, under section 1262, Revised Statutes of 1879, which provides that ‘ ‘ every person who shall, on purpose, and of malice aforethought, shoot at or stab another * * * with intent to kill, * * * or rob, etc., shall be punished 'by imprisonment in the penitentiary for a term not exceeding ten years.” A number of witnesses were sworn on behalf of the state, who testify to the following facts: Kelly Williams, who is a colored man, Davis, McGruder, and the defendant Robb, and others, were all in a saloon owned…
2Cases cited1 opinion
- State v. BurkSupreme Court of Missouri · 1886
3Cited by19 opinions
- State v. HameySupreme Court of Missouri · 1902
- State v. OrrickSupreme Court of Missouri · 1891
- Pyles v. BolesWest Virginia Supreme Court · 1964
- State v. TaylorSupreme Court of Missouri · 1889
- State v. FosterSupreme Court of Missouri · 1893
14 more not listed; retrieve them via the Exa API.