State v. Cushenberry
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) Instructions 1 and 3, given at tbe request of the State, are improper as an entirety, or singly, for 1- alone allows a conviction for murder in the first degree if the killing was done "deliberately,” etc., while that technical term is no where defined except in said instruction 3, where lack of “heat of passion” and “sudden provocation,” equally technical terms, are used in the definition without any…
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Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) Instructions 1 and 3, given at tbe request of the State, are improper as an entirety, or singly, for 1- alone allows a conviction for murder in the first degree if the killing was done "deliberately,” etc., while that technical term is no where defined except in said instruction 3, where lack of “heat of passion” and “sudden provocation,” equally technical terms, are used in the definition without any explanation as to what is meant by these terms, which is improper. State v. MeKinzie, 102 Mo. 627. (2) Instruction 2, given at…
1Opinion of the CourtSherwood, J.
This appeal comes here because defendant, a negro, was found guilty of murdering George H. Leonard, the marshal of Cameron, on the morning of March 16, 1898, by shooting him to'death with a pistol, and sentenced to be hanged for that crime.
The circumstances attendant on the murder are, in outline, these:
A dwelling house had been burglariously entered on the night of the fifteenth of March, 1898, and from that house, Captain Beery’s, a pint bottle half full of California brandy had been stolen from the sideboard. When Captain Beery was aroused about two o’clock on the morning of the sixteenth…
2Cases cited7 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. HowardSupreme Court of Missouri · 1893
- State v. RaySupreme Court of Missouri · 1873
- Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1870
- State v. HowellSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State v. McGeeSupreme Court of Missouri · 1935
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. OwensSupreme Court of Missouri · 1924
- State v. ShawleySupreme Court of Missouri · 1933
- State v. MaxwellMissouri Court of Appeals · 1973
32 more not listed; retrieve them via the Exa API.