State v. Goldsby
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. (1) The court should have given an instruction for manslaughter in the fourth degree, upon the theory that the jury may have concluded from the evidence that there was no absolute necessity for the killing, but that there was a demonstration of violence against appellant, accompanied with abusive language and a conditional threat, the effect of which was to produce that passion and hot blood which, is…
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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. (1) The court should have given an instruction for manslaughter in the fourth degree, upon the theory that the jury may have concluded from the evidence that there was no absolute necessity for the killing, but that there was a demonstration of violence against appellant, accompanied with abusive language and a conditional threat, the effect of which was to produce that passion and hot blood which, is inconsistent with murder and reduces the homicide to manslaughter. Deceased was the aggressor throughout, and his effort…
1Opinion of the CourtBurgess', J.
On May 29', 1907, the grand jury of the city of St. Louis returned an indictment against the defendant, a negro, charging him with murder in the first degree for the shooting and killing of one Oscar Shanklin, in said city. Trial was had on the 27th day of June, 1907, and the defendant was convicted of murder in the second degree, his punishment being assessed at ten years in the penitentiary. Defendant filed motions for a new trial and in arrest of judgment, which were overruled, whereupon he appealed.
The evidence for the State was to the effect that Oscar Shanklin was shot by the defendant…
2Cases cited8 opinions
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. BondSupreme Court of Missouri · 1905
- State v. McCarverSupreme Court of Missouri · 1906
- State v. ElliottSupreme Court of Missouri · 1889
- State v. JonesSupreme Court of Missouri · 1883
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3Cited by5 opinions
- State v. ReichSupreme Court of Missouri · 1922
- State v. DouglasSupreme Court of Missouri · 1914
- State v. ConleySupreme Court of Missouri · 1914
- State v. MyersSupreme Court of Missouri · 1909
- State v. McKenzieSupreme Court of Missouri · 1910