State v. Walton
Supreme Court of Missouri
Error to Callaway Circuit Court. — Hon. G-. H. Burckhartt, Judge. The instructions referred to in the opinion, are the following: 11. Defendant asks the court to instruct the jury, that if they believe from the whole evidence in the cause that the act of shooting was done by defendant with deliberation, then he is not guilty of murder in the second degree. 12. The jury should find the defendant guilty of no offense that the whole evidence in the cause does not satisfy their…
Read the full summary
Error to Callaway Circuit Court. — Hon. G-. H. Burckhartt, Judge. The instructions referred to in the opinion, are the following: 11. Defendant asks the court to instruct the jury, that if they believe from the whole evidence in the cause that the act of shooting was done by defendant with deliberation, then he is not guilty of murder in the second degree. 12. The jury should find the defendant guilty of no offense that the whole evidence in the cause does not satisfy their minds to a moral certainty he committed. 18. If the jury believe from the whole testimony to a moral certainty, that…
1Opinion of the CourtNorton, J.
Defendant was indicted in the Callaway county circuit court in May, 1880, for murder in the second degree, for killing one Louis Meyers. Being put upon Ms trial he was found guilty as charged, and his punishment assessed at ten years’ imprisonment in the penitentiary. The cause is before us on writ of error sued out by defendant, and the chief errors assigned are that the court erred *274in overruling defendant’s challenge to certain jurors, in excluding one juror from the panel and in giving and refusing instructions.
William B. Terry, one of the jurors summoned by the sheriff, on his voir dire…
2Cases cited19 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- People v. KingCalifornia Supreme Court · 1865
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- People v. WelchCalifornia Supreme Court · 1874
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- State v. FoleySupreme Court of Missouri · 1898
- State v. ThomasSupreme Court of Missouri · 1943
- State v. HooperSupreme Court of Kansas · 1934
- State v. ChurchSupreme Court of Missouri · 1906
22 more not listed; retrieve them via the Exa API.