State v. Holloway
Supreme Court of Missouri
Appeal from Osage Circuit Court.— Judge. Son. Rudolph Sirzel, (1) Tire court erred in giving instruction, numbered b, on reasonable doubt. It tells tbe jury that in order to acquit tbe defendant on tbe grounds of reasonable doubt, that doubt must arise out of tbe evidence, thereby excluding from tlie consideration of the jury any doubt that may arise from lack of evidence. This is calculated to mislead the jury. State v. Nueslien, 25 Mo.
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Appeal from Osage Circuit Court.— Judge. Son. Rudolph Sirzel, (1) Tire court erred in giving instruction, numbered b, on reasonable doubt. It tells tbe jury that in order to acquit tbe defendant on tbe grounds of reasonable doubt, that doubt must arise out of tbe evidence, thereby excluding from tlie consideration of the jury any doubt that may arise from lack of evidence. This is calculated to mislead the jury. State v. Nueslien, 25 Mo. Ill; State v. Bobbst, 131 Mo. 339; State v. Blue, 136 Mo. 41. (2) The court erred in giving instruction numbered seven. In one part it informs the jury that…
1Opinion of the CourtSheewood, J.
The questions presented by this record relate to the homicide of Julius Boillot, pérpetrated by defendant on Christmas eve, 1898, in Osage county, by shooting him to death with a pistol, and repeatedly shooting him after he had fallen to the ground.
The circumstances relating to the death and those preceding and subsequent thereto and connected therewith, are in substance and effect the following: Defendant at the time of the occurrence was a single man of about 31 years of age, bom and reared near Aud, in Osage county. When about four years old his father died. Soon after the decease of the…
2Cases cited5 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. WelsorSupreme Court of Missouri · 1893
- State v. NuesleinSupreme Court of Missouri · 1857
- State v. BluntSupreme Court of Missouri · 1887
- State v. SacreSupreme Court of Missouri · 1897
3Cited by21 opinions
- Fisher v. United StatesSupreme Court of the United States · 1946
- State v. AndersonSupreme Court of Missouri · 1974
- State v. GramenzSupreme Court of Iowa · 1964
- Commonwealth v. CostaMassachusetts Supreme Judicial Court · 1971
- State v. SturdivanSupreme Court of Missouri · 1973
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