State v. Snead
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Ho». Ralph 8. Latshaw, Judge. (1) Conceding for the sake of argument only that the instruction for manslaughter in the fourth degree was erroneous, the error was entirely harmless, as there was no evidence whatever that authorized an instruction on any grade of manslaughter.
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Appeal from Jackson Criminal Court. — Ho». Ralph 8. Latshaw, Judge. (1) Conceding for the sake of argument only that the instruction for manslaughter in the fourth degree was erroneous, the error was entirely harmless, as there was no evidence whatever that authorized an instruction on any grade of manslaughter. The rule is that where there was no personal violence by the deceased toward the defendant, and no other provocation other than contemptuous and insulting remarks and epithets, there is nothing on which to base an instruction on manslaughter in the fourth degree. State v. Kennedy, 207…
1Opinion of the CourtFaris, J.
At the January term, 1913, of the criminal court of Jackson county, the defendant was convicted of murder in the second degree, for the killing of Martha Kimball with a pistol, and having had assessed against him as punishment therefor, imprisonment in the penitentiary for a term of ninety-nine years, has, after the usual motions, appealed to this court.
On the part of the State the testimony showed that on the evening of December 26, 1912, the deceased and another colored woman by the name of *430Lottie Simmons, together with several colored men, six or seven in number, were at the rooming house…
2Cases cited4 opinions
- State v. MaggardSupreme Court of Missouri · 1913
- State v. DunnSupreme Court of Missouri · 1883
- State v. PohlSupreme Court of Missouri · 1902
- State v. KennedySupreme Court of Missouri · 1907
3Cited by2 opinions
- State v. OliverSupreme Court of Missouri · 1978
- State v. ClintonSupreme Court of Missouri · 1919