State v. Gordon
Supreme Court of Missouri
Appeal fom Cole Circuit Court. — Now. Wm. PL. Martin, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. There is na evidence in the case that defendant fired the shot that killed his wife. There is no testimony from which such an inference may he reasonably drawn.
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Appeal fom Cole Circuit Court. — Now. Wm. PL. Martin, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. There is na evidence in the case that defendant fired the shot that killed his wife. There is no testimony from which such an inference may he reasonably drawn. On the contrary, the State’s evidence and the defendant’s evidence agree in establishing the fact that defendant was in his bed-room at the time the gun was discharged ; that the dining-room was between his bed-room and the kitchen where his wife was; and that the gun was in the kitchen when it was…
1Opinion of the CourtFox, J.
This cause is before us.upon appeal, on the part of the defendant, from a judgment of the circuit court of Cole county, convicting the defendant of murder in the second1 degree. At the December term, 1905', of said court, the defendant was indicted and charged with the crime of murder in the first degree, for the killing of Alice H. Gordon, his wife, at the said county of Cole on the 8th day of January, 1904. At the March term, 1906', the defendant was duly arraigned and upon a plea of not guilty was put upon Ms trial.
At the time of the offense charged the defendant and deceased, his wife,…
2Cases cited4 opinions
- State v. CrabtreeSupreme Court of Missouri · 1902
- State v. MarshallSupreme Court of Missouri · 1871
- State v. NesenhenerSupreme Court of Missouri · 1901
- State v. MahanSupreme Court of Missouri · 1897
3Cited by9 opinions
- Turinetti v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- State v. TrusterSupreme Court of Missouri · 1960
- State v. BassSupreme Court of Missouri · 1913
- State v. JoySupreme Court of Missouri · 1926
- State v. HenkeSupreme Court of Missouri · 1926
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