State v. Jones
Supreme Court of Missouri
Appeal from Miller Circuit Court. — Hon. D. W. Shaokleeobd, Judge. (1) The conclusion of the indictment is insufficient. After stating the circumstances it should draw the conclusion that “so” the defendant feloniously did. 3 Chitty’s Grim. Law, p. 737; State v. Pemberton, 30 Mo. 376; State v. Meyers, 99 Mo. 107; State v. Terry, 103 Mo. 11; State v. Rector, 126 Mo. 328. (2) The application for a continuance was improperly overruled.
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Appeal from Miller Circuit Court. — Hon. D. W. Shaokleeobd, Judge. (1) The conclusion of the indictment is insufficient. After stating the circumstances it should draw the conclusion that “so” the defendant feloniously did. 3 Chitty’s Grim. Law, p. 737; State v. Pemberton, 30 Mo. 376; State v. Meyers, 99 Mo. 107; State v. Terry, 103 Mo. 11; State v. Rector, 126 Mo. 328. (2) The application for a continuance was improperly overruled. (3) With this evidence before the jury, the court instructed as to murder in the first and second degrees, but failed to instruct as to lower degrees of homicide,…
1Opinion of the CourtG-anxt, P. J.
At the March term, 1894, of the circuit court of Miller county, Missouri, an indictment *257for murder in the first degree was preferred by the grand jury against the defendant for the murder of ISaiah Jackson. The defendant was duly arraigned at the same term, and the cause continued until the September term. The cause was again continued at the September term. A trial was had at the March term, 1895, resulting in the conviction of defendant of murder in the second degree, and his punishment fixed at twenty years in the penitentiary. Motions for new trial and in arrest were filed and overruled…
2Cases cited2 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. PaxtonSupreme Court of Missouri · 1895
3Cited by6 opinions
- State v. NaylorSupreme Court of Missouri · 1931
- State v. PrivittSupreme Court of Missouri · 1903
- State v. BirksSupreme Court of Missouri · 1906
- State v. SellaNevada Supreme Court · 1917
- State v. WoodsSupreme Court of Missouri · 1918
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