State v. Boyer
Supreme Court of Missouri
Appeal from Washington Circuit Court. — How. Jos. J. Williams) Judge. (1) The State has failed to prove a willful, felonious, deliberate, premeditated, malicious attempt to kill either Wilfred Roussan, Boss Courtois or any other person, because the testimony of Roussan was that he and the defendant were friends, were on friendly terms at the time, and had never had any trouble.
Read the full summary
Appeal from Washington Circuit Court. — How. Jos. J. Williams) Judge. (1) The State has failed to prove a willful, felonious, deliberate, premeditated, malicious attempt to kill either Wilfred Roussan, Boss Courtois or any other person, because the testimony of Roussan was that he and the defendant were friends, were on friendly terms at the time, and had never had any trouble. The well-recognized principle of criminal law that in the absence of criminal intent crime is not committed, is too elementary to justify the submission of authorities. Reading all the testimony for the State from…
1Opinion of the CourtFerriss, J.
Defendant was convicted in the circuit court of Washington county of murder in the first degree, and sentenced to the penitentiary for life.
The homicide was committed on the 4th day of October, 1907, upon one Thomas Trokey. The evi*271deuce on the part of the State tended to show that on the night of -October 4,1907, a dance was held at Cadet, Washington county, which was attended by some thirty or forty persons, including defendant and deceased. There was music, dancing, drinking and • quarreling. The defendant and one Ralls promoted and were in charge of the dance. Deceased was one of the…
2Cases cited1 opinion
- State v. BrownSupreme Court of Missouri · 1905
3Cited by8 opinions
- State v. RamseySupreme Court of Missouri · 1946
- State v. McCrackenSupreme Court of Missouri · 1937
- State v. McDonoughSupreme Court of Missouri · 1911
- State v. SwindellSupreme Court of Missouri · 1954
- Price v. City of MaryvilleMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.