State v. Hyland
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. John W. Wofford, Judge. (1) There is no testimony to support instruction number 4, given by the court, and it did not properly define murder in the second degree. State v. Wieners, 66 Mo. 20; State v. Curtis, 70 Mo. 594; Fitch v. State, 36 S. W. Eep. (Tex.) 584. (2) Instruction number 6 is erroneous.
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Appeal from Jackson Criminal Court. — Hon. John W. Wofford, Judge. (1) There is no testimony to support instruction number 4, given by the court, and it did not properly define murder in the second degree. State v. Wieners, 66 Mo. 20; State v. Curtis, 70 Mo. 594; Fitch v. State, 36 S. W. Eep. (Tex.) 584. (2) Instruction number 6 is erroneous. Using the words “did by a blow of his fist kill David Eitzgerald involuntarily” was commenting upon the evidence, and furthermore it was confusing and misleading. State v. Wieners, 66 Mo. 20. (3) Defendant’s refused instruction to the effect that if…
1Opinion of the CourtGantt, P. J.
The appellant was tried and convicted at the September term, 1897, of the Jackson county criminal court of murder in the second degree and from that sentence appeals to this court. The indictment is as follows:
“The grand jurors for the State of Missouri in and for the county of Jackson, upon their oath present that Thomas Hyland, whose Christian name in full is unknown to these jurors, late of the county aforesaid, on the 3rd day of May, 1897, at the county of *306Jackson, State of Missouri, then and there being, in and upon one David Fitzgerald, then and there being, feloniously, willfully,…
2Cases cited1 opinion
- State v. EmorySupreme Court of Missouri · 1883
3Cited by18 opinions
- Stice v. StateIndiana Supreme Court · 1950
- State v. SykesSupreme Court of Missouri · 1963
- Roark v. CommonwealthSupreme Court of Virginia · 1944
- State v. MyersSupreme Court of Missouri · 1906
- State v. WilliamsNevada Supreme Court · 1905
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