State v. Edwards
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — -Ro». Jas. D. Barnett, Judge. (1) The instruction of the court on the subject of provoking the difficulty is erroneous. There was no evidence on which to base it. State v. Walker, 196 Mo. 73; State v. Packwood, 26 Mo. 340 ; State v. Bailey, 57 Mo. 131; State v. Chambers, 87 Mo. 406; State v. Herrill, 97 Mo. Ill; State v. Johnson, 111 Mo. 584; State v. Little, 67 Mo. 624; State v. Tice, 90 Mo. 112; State v. Sturgis, 48 Mo.
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Appeal from Audrain Circuit Court. — -Ro». Jas. D. Barnett, Judge. (1) The instruction of the court on the subject of provoking the difficulty is erroneous. There was no evidence on which to base it. State v. Walker, 196 Mo. 73; State v. Packwood, 26 Mo. 340 ; State v. Bailey, 57 Mo. 131; State v. Chambers, 87 Mo. 406; State v. Herrill, 97 Mo. Ill; State v. Johnson, 111 Mo. 584; State v. Little, 67 Mo. 624; State v. Tice, 90 Mo. 112; State v. Sturgis, 48 Mo. App.’263; State v. Wilson, 39 Mo. App. 186; State v. Brady, 87 Mo. 142. (2) The instruction as to manslaughter is erroneous and…
1Opinion of the CourtFox, P. J.
This cause is here by appeal on the part of the defendant from a judgment of the circuit court of Audrain county convicting him of manslaughter in the fourth degree. On the 27th day of March, 1906, the prosecuting attorney of Audrain county filed an information, duly verified, charging the defendant with murder in the first degree. The date of the homicide charged was March 22, 1906; the name of' the party charged to have been killed was John Oldham, and the weapon used was a shotgun. At the June term, 1906, of the Audrain Circuit Court the defendant was put upon his trial upon the charge…
2Cases cited14 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. PartlowSupreme Court of Missouri · 1886
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. HerrellSupreme Court of Missouri · 1888
- State v. GartrellMissouri Court of Appeals · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. WhitsettSupreme Court of Missouri · 1911
- State v. AitkensSupreme Court of Missouri · 1944
- State v. BobbittSupreme Court of Missouri · 1908
- State v. FinnSupreme Court of Missouri · 1951
- State v. BaublitsSupreme Court of Missouri · 1930
2 more not listed; retrieve them via the Exa API.