State v. Porter
Supreme Court of Missouri
Appeal from Cooper Circuit Court.r — IAm. Hopkins B. Sham, Judge. (1) There was nothing in the evidence that would have justified a conviction of murder in the first degree. ° It was therefore error to submit to the jury the question of murder in the first degree, although the appellant was convicted of murder in the second degree.
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Appeal from Cooper Circuit Court.r — IAm. Hopkins B. Sham, Judge. (1) There was nothing in the evidence that would have justified a conviction of murder in the first degree. ° It was therefore error to submit to the jury the question of murder in the first degree, although the appellant was convicted of murder in the second degree. State v. Minor, 193 Mo. 609. (2) This court reversed the judgment rendered against the appellant on a former trial for the reason, in part, that the instruction 3 brought the question of conspiracy into the case. State v. Porter, 199 S. W. 160. Instructions nine…
1Opinion of the CourtWalker, P. J.
Appellant and Walter Mills were
charged by information in the circuit court of Cooper County with murder in the first degree, in the stabbing and killing of one Philip Carpenter, on the 12th day of May, 1917. After a severance, appellant was, at the January term, 1918, of said court, convicted of murder in the second degree, and his punishment assessed at twenty-five years’ imprisonment in the penitentiary. Prom this judgment he appeals.
This is the second appeal in this case. Upon the former trial in which the appellant was also tried severally, he was convicted of murder in the second degree,…
2Cases cited7 opinions
- Flege v. StateNebraska Supreme Court · 1913
- Cole v. StateCourt of Criminal Appeals of Texas · 1903
- Connaughty v. StateWisconsin Supreme Court · 1853
- State v. DarlingSupreme Court of Missouri · 1909
- Cecil v. StateCourt of Criminal Appeals of Texas · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. MooreSupreme Court of Missouri · 1957
- State v. ShawleySupreme Court of Missouri · 1933
- State v. OchoaNew Mexico Supreme Court · 1937
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. StogsdillSupreme Court of Missouri · 1929
17 more not listed; retrieve them via the Exa API.