Legal Opinion

State v. Mahly

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 23 opinions

Appeal from,' Miller Circuit Court. — Hon. G. W. Miller, Judge. Indictment for murder in the first degree for the killing of one Barbara Citawatca, the defendant’s step-daughter.

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Appeal from,' Miller Circuit Court. — Hon. G. W. Miller, Judge. Indictment for murder in the first degree for the killing of one Barbara Citawatca, the defendant’s step-daughter. At the request of the State the court gave, among others, the following instruction : a“ The jury are instructed that murder in the second degree is the killing of a human being intentionally, unlawfully, willfully and maliciously ; that is, it is the intentional, willful and malicious killing of a human being upon a sudden heat of passion, without previous deliberation or premeditation. If, therefore, the jury…

1Opinion of the CourtHenry, J.

The defendant was indicted for the murder of Barbara Citawatca, his step-daughter, a child about three years of age. He was found guilty of murder in the second degree, and sentenced to imprisonment in the penitentiary for a term of twenty-one years, and has appealed to this court from the judgment. .

The evidence for the State consisted of threats made by the defendant against Barbara, and of a course of the most brutal treatment of the child hy the defendant, extending through a period of several months. Finally, on the morning of October 17th, 1876, Barbara was found lying on the hearth…

2Cases cited2 opinions

  1. State v. AlexanderSupreme Court of Missouri · 1877
  2. O'Fallon v. DavisSupreme Court of Missouri · 1866

3Cited by23 opinions

  1. State v. SteevesOregon Supreme Court · 1896
  2. State v. BrookshireSupreme Court of Missouri · 1962
  3. State v. SoperSupreme Court of Missouri · 1899
  4. Russell v. StateNebraska Supreme Court · 1902
  5. State v. RobinsonWashington Supreme Court · 1895

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