State v. Anderson
Supreme Court of Missouri
Appeal from QarroTl Circuit Court. — How. James M-Davis, Judge. (1) Tbe court erred in giving several of the state’s-instructions, {a) The first and second instructions do-not properly define the different degrees of murder, there was no evidence tending to show that Baugh was present, assisting Anderson in killing Rea.
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Appeal from QarroTl Circuit Court. — How. James M-Davis, Judge. (1) Tbe court erred in giving several of the state’s-instructions, {a) The first and second instructions do-not properly define the different degrees of murder, there was no evidence tending to show that Baugh was present, assisting Anderson in killing Rea. (5) The third instruction authorized a conviction, although the jury entertained a doubt as to the degree of the offence committed, (c) The fourth instruction told the jury that if they believed beyond a. reasonable doubt that Anderson was guilty, etc. Their belief should have…
1DissentRay, J.
— I dissent from the opinion of the court in this case for the following reasons : As I understand the opinion, the reversal of the judgment of the circuit court is placed upon the ground of the refusal of the court to give what the opinion designates as the third in struction asked by the defendants, upon the doctrine of self-defence. If the record now before us shows, as I think it does, that other instructions were given by the court substantially embracing the theory of self-defence, and the facts upon which it is based, which fairly sub*322mitted that question to the jury, then I think it is…
2Cases cited19 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. StarrSupreme Court of Missouri · 1866
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. MatthewsSupreme Court of Missouri · 1854
- State v. EmorySupreme Court of Missouri · 1883
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