Legal Opinion

State v. Hopper

Supreme Court of Missouri

Decided February 1, 1898PublishedCited by 11 opinions

Appeal from McDonald Circuit Court. — Hon. J. C. Lamson, Judge. (1) There was no arraignment of defendant before life was put' on trial. This is error under repeated rulings of the court. Staté v. Williams, 117 Mo. 379; State v. Walker, 119 Mo. 467. (2) The evidence shows that the deceased began the difficulty and at the time had a knife concealed under his coat.

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Appeal from McDonald Circuit Court. — Hon. J. C. Lamson, Judge. (1) There was no arraignment of defendant before life was put' on trial. This is error under repeated rulings of the court. Staté v. Williams, 117 Mo. 379; State v. Walker, 119 Mo. 467. (2) The evidence shows that the deceased began the difficulty and at the time had a knife concealed under his coat. Under these circumstances threats made by him a few moments prior thereto, against the “Hopper boys” (defendant and his brothers), were of the greatest importance in characterizing the conduct of deceased and explaining his conduct…

1Opinion of the CourtBurgess, J.

From a conviction of manslaughter in the fourth degree at the August term, 1897, of the McDonald circuit court, and the fixing of his punishment at two years’ imprisonment in the penitentiary, under an indictment theretofore preferred against him by the grand, jury of said county, for having on the '- day of August, 1896, at said county, shot and killed one Jack Tillotson with a pistol, defendant appeals.

The difficulty occurred at a school house called the Loomis school house one night during a protracted meeting which was being conducted there. It appears that the evening next preceding the…

2Cases cited13 opinions

  1. State v. PartlowSupreme Court of Missouri · 1886
  2. State v. FairlambSupreme Court of Missouri · 1894
  3. State v. GilmoreSupreme Court of Missouri · 1888
  4. State v. FitzgeraldSupreme Court of Missouri · 1895
  5. State v. AdamsSupreme Court of Missouri · 1882

8 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Harris v. StateWyoming Supreme Court · 1916
  2. State v. GiesekeSupreme Court of Missouri · 1908
  3. State v. O'KelleySupreme Court of Missouri · 1914
  4. State v. AdlerSupreme Court of Missouri · 1898
  5. State v. BarksdaleSupreme Court of Louisiana · 1909

6 more not listed; retrieve them via the Exa API.

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