Watson v. State
Supreme Court of Missouri
Upon an indictment for murder, at common law, it is conceded, the accused could be convicted of manslaughter; but, under the statute of this State, with regard ter crimes and punishments, it is respectfully submitted this cannot be done. Murder, under the statute, consists of. two degrees, (Digest, 167:) The first degree is punishable with death; the second with not less than ten years’ imprisonment in the penitentiary..
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Upon an indictment for murder, at common law, it is conceded, the accused could be convicted of manslaughter; but, under the statute of this State, with regard ter crimes and punishments, it is respectfully submitted this cannot be done. Murder, under the statute, consists of. two degrees, (Digest, 167:) The first degree is punishable with death; the second with not less than ten years’ imprisonment in the penitentiary.. Manslaughter, by the same statute, consists of four degrees, the first- whereof is punishable with five years’ imprisonment in the penitentiary, and the other degrees for a…
1Opinion of the CourtMcGirk, Judge
At the November term of the circuit court for the county of St. Francois, for 1837, Watson was indicted for the murder of Patrick Castello. The jury found the defendant not guilty of the murder, but guilty of manslaughter in the first degree, and sentenced the prisoner to the penitentiary for five years.
The defendant moved the court for a new trial; because the indictment is for murder, and the finding of the jury is for manslaughter, an offence for which the defendant was not indicted. This motion was overruled. The defendant moved, also, in arrest of judgment, which was also overruled. The…
2Cited by8 opinions
- The People v. LewisIllinois Supreme Court · 1940
- Potsdamer v. StateSupreme Court of Florida · 1880
- Brown v. StateSupreme Court of Florida · 1893
- State v. ColvinSupreme Court of Missouri · 1910
- State v. RobeyNevada Supreme Court · 1873
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