State v. Barrett
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — lion. II. G. ' Riley, Judge. (1) The information does not charge that it was preferred against the defendant by the prosecuting attorney of Pemiscot county, but appears to have been filed by one acting for the entire State. R. S. 1909, sec. 5115. (2) If the defendant should have been convicted at all, it should not have been for more than manslaughter in the fourth degree, and the punishment being two years, the punishment was excessive.
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Appeal from Pemiscot Circuit Court. — lion. II. G. ' Riley, Judge. (1) The information does not charge that it was preferred against the defendant by the prosecuting attorney of Pemiscot county, but appears to have been filed by one acting for the entire State. R. S. 1909, sec. 5115. (2) If the defendant should have been convicted at all, it should not have been for more than manslaughter in the fourth degree, and the punishment being two years, the punishment was excessive. R. S. 1909, sec. 4551. (3) The trial court should have instructed for manslaughter in the fourth degree. (4) The court,…
1Opinion of the CourtKennish, J.
Convicted in the Pemiscot Circuit Court of murder in the second degree, defendant appealed.
The evidence for the State tended to show that, in company with others, deceased and defendant, on the day of the killing, had participated in a drinking bout at the home of one Fronan, a witness for the State. Deceased and defendant were on friendly terms when they reached Fronan’s, the gun (unloaded) which defendant had and the knife in Sells’s (deceased’s) possession being taken for no unlawful purpose, so far as the evidence in this record indicates.
Fronan, aware of deceased’s dangerous disposition,…
2Cases cited13 opinions
- Beauchamp v. StateIndiana Supreme Court · 1842
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. BecknerSupreme Court of Missouri · 1906
- State v. GartrellMissouri Court of Appeals · 1903
- State v. GordonSupreme Court of Missouri · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. BongardSupreme Court of Missouri · 1932
- State v. CarrollSupreme Court of Missouri · 1933
- State v. GreavesSupreme Court of Missouri · 1912
- State v. VestSupreme Court of Missouri · 1914
- State v. FinleySupreme Court of Missouri · 1912
2 more not listed; retrieve them via the Exa API.