State v. Barutio
Supreme Court of Missouri
Appeal from 81. Louis Oily Circuit Court. — HoN. P. B. Elitceaet, Judge. (1) Tbe court should have instructed tbe jury upon tbe third degree of manslaughter, as defined in section 3471, B,evised Statutes 1889. There was evidence to* sustain the théory that Barutio, in a beat of passion produced by blows upon bis face, without a design to effect death, fired bis pistol (a dangerous weapon) toward a window, tbe shutters of which were closed, and, although not so intended, the…
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Appeal from 81. Louis Oily Circuit Court. — HoN. P. B. Elitceaet, Judge. (1) Tbe court should have instructed tbe jury upon tbe third degree of manslaughter, as defined in section 3471, B,evised Statutes 1889. There was evidence to* sustain the théory that Barutio, in a beat of passion produced by blows upon bis face, without a design to effect death, fired bis pistol (a dangerous weapon) toward a window, tbe shutters of which were closed, and, although not so intended, the result was the hilling of Henry Becher. It was reversible error for the trial court to fail to instruct upon such theory…
1Opinion of the Court
SHEEWOOD, J.-
Oonyicted of murder in the second degree and his punishment assessed at ten years in the penitentiary, and this under an indictment for murder in the first degree, defendant appeals to this court. Henry Becker, whose nick, or pet name was “Hense,” was the yictim of the fatal shot fired by defendant. On this last cited fact there is no dispute, nor is there any plea of self-defense in the case, nor any evidence to sustain such plea; so that the sole question presented to the lower court to try was the grade of homicide of which defendant should be found guilty.
The circumstances…
2Cases cited4 opinions
- State v. GruginSupreme Court of Missouri · 1898
- State v. TalmageSupreme Court of Missouri · 1891
- State v. EmerySupreme Court of Missouri · 1883
- State v. PettitSupreme Court of Missouri · 1894
3Cited by5 opinions
- State v. FeeleySupreme Court of Missouri · 1906
- State v. VinsoMissouri Court of Appeals · 1903
- State v. MartinSupreme Court of Missouri · 1960
- State v. McKenzieSupreme Court of Missouri · 1910
- State v. RobertsonSupreme Court of Missouri · 1903