State v. Stephens
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Henry P. White, Judge. The court erred in the definition of murder in the first degree and, particularly, in the definition of the word “deliberately,” when distinguishing between murder in the first degree and murder in the second degree. State v. Ellis, 74 Mo. 207 ; s. c., 11 Mo.
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Appeal from Jackson Criminal Court. — Hon. Henry P. White, Judge. The court erred in the definition of murder in the first degree and, particularly, in the definition of the word “deliberately,” when distinguishing between murder in the first degree and murder in the second degree. State v. Ellis, 74 Mo. 207 ; s. c., 11 Mo. App. 587; State v. Lewis, 74 Mo. 222; State v. Weiners, 66 Mo. 13 ; State v. Curtis, 70 Mo. 594; State v. Sharp, 71 Mo. 218; State v. Simms, 71 Mo. 538 ; State v. Hobinson, 73 Mo. 306; State v. McGinnis, 76 Mo. 362; State v. Hose, 14 Mo. App. 567 ; State v. Eaton, 75 Mo.…
1DissentSiierwood, J.
{dissenting).— It seems to me that the action of the trial court was correct in informing the jury in the sixth instruction given at the instance of the state, that there was no evidence that would warrant an acquittal on the ground of self-defense. The testimony of the defendant on this point is too plain to admit of any mistake. The idea of self-defense must obviously originate with the defendant himselfand rest exclusively upon the motive which prompted him to do the act subsequently charged as criminal. If he had no intention, no motive for doing the act ; if it was purely accidental,…
2Cases cited6 opinions
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. SloanSupreme Court of Missouri · 1871
- State v. AlexanderSupreme Court of Missouri · 1877
- State v. TaborSupreme Court of Missouri · 1888
- State v. TaylorSupreme Court of Missouri · 1877
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