State v. Rose
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. John A. Hockaday, Judge. (1) The verdict was against the evidence, and against vthe law laid down by the trial court, and the defendant should be awarded a new trial upon that ground alone. It was the result of prejudice and was far more severe than could have been anticipated.
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Appeal from Howard Circuit Court. — Hon. John A. Hockaday, Judge. (1) The verdict was against the evidence, and against vthe law laid down by the trial court, and the defendant should be awarded a new trial upon that ground alone. It was the result of prejudice and was far more severe than could have been anticipated. (2) The instruction of the court, telling the jury that the defendant had no right to use any more force than was absolutely necessary to make the arrest, stated the matter too strongly for the prosecution. The defendant had to act upon the appearances presented to him at the…
1Opinion of the CourtBurgess, J.
Defendant was indicted at the November term, 1896, of the Howard circuit court, for murder in the first degree, for having shot to death with a pistol one Charles "Wells at said county, on the evening of the third day of November of that year. At the April term, 1897, of said court, defendant was put upon his trial and found guilty of murder in the second degree, and his punishment fixed at ten years’ imprisonment in the penitentiary. Prom the judgment and sentence he prosecutes this appeal.
The homicide occurred on the evening of the third day of November, 1896, after the general election…
2Cases cited17 opinions
- Erwin v. StateOhio Supreme Court · 1876
- State v. StarrSupreme Court of Missouri · 1866
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HolmeSupreme Court of Missouri · 1873
- State v. PalmerSupreme Court of Missouri · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ShawleySupreme Court of Missouri · 1933
- State v. SummersSupreme Court of Missouri · 1962
- State v. WilliamsSupreme Court of New Jersey · 1959
- State v. NolanSupreme Court of Missouri · 1946
- State v. ColemanSupreme Court of Missouri · 1905
5 more not listed; retrieve them via the Exa API.