State v. Mahly
Supreme Court of Missouri
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
- State v. AlexanderSupreme Court of Missouri · 1877
- O'Fallon v. DavisSupreme Court of Missouri · 1866
3Cited by23 opinions
- State v. SteevesOregon Supreme Court · 1896
- State v. BrookshireSupreme Court of Missouri · 1962
- State v. SoperSupreme Court of Missouri · 1899
- Russell v. StateNebraska Supreme Court · 1902
- State v. RobinsonWashington Supreme Court · 1895
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