State v. Peak
Supreme Court of Missouri
Appeal from. St. Louis City Circuit Court. — Ron. Vital W. Garesche, Judge. (1) The court erred in giving Instruction 1. (a) It unnecessarily and erroneously includes a definition of “deliberately.” This is a prosecution for a homicide committed in the perpetration or attempt to perpetrate robbery, and deliberation is not an essential element of that crime.
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Appeal from. St. Louis City Circuit Court. — Ron. Vital W. Garesche, Judge. (1) The court erred in giving Instruction 1. (a) It unnecessarily and erroneously includes a definition of “deliberately.” This is a prosecution for a homicide committed in the perpetration or attempt to perpetrate robbery, and deliberation is not an essential element of that crime. R. S. 1919,sec. 3230; Kelley’s Criminal Law (3 Ed.), sec. 486, p. 431; State v. Garrett, 276 Mo. 302; State v. Carroll, 232 S. W. 699. (b) The evidence supports no theory of homicide except that committed in the perpetration or attempt to…
1Opinion of the CourtWalker, J.
Appellant was charged by information in the Circuit Court 'of the City of St. Louis with murder in the first degree, and upon a trial was convicted and sentenced to imprisonment in the penitentiary for life. From this judgment, he appeals.
The appellant and one Hardamon went, about eight or nine o’clock of the night of the crime, to the place of business of the deceased on Nineteenth and Market streets in the city of St. Louis. Hardamon entered and told the deceased that the appellant had nine cases of liquor which he would sell to him if taken that night. The deceased agreed to buy it, and…
2Cases cited8 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- People v. OlmsteadMichigan Supreme Court · 1874
- State v. HundleySupreme Court of Missouri · 1870
- State v. HendricksSupreme Court of Missouri · 1903
- State v. SmithSupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. NaselloSupreme Court of Missouri · 1930
- State v. ThostSupreme Court of Missouri · 1959
- State v. CopelandSupreme Court of Missouri · 1934
- State v. AyersSupreme Court of Missouri · 1957
- State v. PiersonSupreme Court of Missouri · 1932
11 more not listed; retrieve them via the Exa API.