State v. Paxton
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Hon.. Argus Cox, Judge. This appeal results from the conviction of the defendants of the crime of murder in the second degree. John W. Paxton and Theodore Paxton are brothers ' and Ort Paxton is the son of Jno. W. The two elder Paxtons are the nephews of Jno. W. Quigg, whom they killed, and Ort Paxton is the grand nephew of Quigg. The jury assessed the punishment of Jno.
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Appeal from Hickory Circuit Court. — Hon.. Argus Cox, Judge. This appeal results from the conviction of the defendants of the crime of murder in the second degree. John W. Paxton and Theodore Paxton are brothers ' and Ort Paxton is the son of Jno. W. The two elder Paxtons are the nephews of Jno. W. Quigg, whom they killed, and Ort Paxton is the grand nephew of Quigg. The jury assessed the punishment of Jno. W. and Ort at fifteen years in the penitentiary, and that of Theodore Paxton at ten years. It appears incidentally in the record that a deadly feud existed between Quigg and the Paxtons.…
1Opinion of the CourtSherwood, J.
— I. There was no error in modifying instruction number 4 asked by defendants, by striking out the words indicated in brackets. Neither State v. Vansant, 80 Mo. 67, nor State v. Hicks, 92 Mo. 431, relied on by defendants, warrants the giving of the instruction in its original and unmodified form. Had the bracketed words remained, especially the word ‘‘undoubting,” the tendency would have been to mislead the jury. The modified instruction was sufficient for all legitimate purposes.
II. Defendants urge that error occurred in giving instruction 5a on behalf of the state, stating that there is no…
2Cases cited4 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. MusickSupreme Court of Missouri · 1890
- State v. VansantSupreme Court of Missouri · 1883
- State v. HicksSupreme Court of Missouri · 1887
3Cited by18 opinions
- State v. FosterSupreme Court of Missouri · 1897
- State v. LambSupreme Court of Missouri · 1897
- State v. FrazierSupreme Court of Missouri · 1897
- State v. HilsabeckSupreme Court of Missouri · 1896
- State v. McAfeeSupreme Court of Missouri · 1899
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