State v. Anderson
Supreme Court of Missouri
Appeal from QarroTl Circuit Court. — How. James M-Davis, Judge. (1) Tbe court erred in giving several of the state’s-instructions, {a) The first and second instructions do-not properly define the different degrees of murder, there was no evidence tending to show that Baugh was present, assisting Anderson in killing Rea.
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Appeal from QarroTl Circuit Court. — How. James M-Davis, Judge. (1) Tbe court erred in giving several of the state’s-instructions, {a) The first and second instructions do-not properly define the different degrees of murder, there was no evidence tending to show that Baugh was present, assisting Anderson in killing Rea. (5) The third instruction authorized a conviction, although the jury entertained a doubt as to the degree of the offence committed, (c) The fourth instruction told the jury that if they believed beyond a. reasonable doubt that Anderson was guilty, etc. Their belief should have…
1Opinion of the CourtHenry, C. J.
— The defendants were indicted in the Carroll circuit court for the murder of John Rea, and, on a trial, were convicted of murder in the second degree *315at the April term, 1885, of said court, and from the judgment have appealed to this court.
The defendant Baugh and Rea had occupied a cabin together, but had a difficulty, which resulted in their separation, Rea leaving Baugh in possession of the cabin and of some furniture belonging to Rea. Baugh had made threats that if Rea ever came back to the cabin he “would stop him at the door.” To another witness, that if Rea ever came to his house, ‘£…
2Cited by4 opinions
- State v. TiedtSupreme Court of Missouri · 1950
- State v. MaySupreme Court of Missouri · 1903
- McShane v. SandersonSupreme Court of Missouri · 1891
- State v. TiedtSupreme Court of Missouri · 1950