State v. Nesenhener
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. D. H. Eby, Judge. (1) In a case of tbis kind it is not necessary to prove bow mueb of any particular poison it would take to destroy life, or that sucb quantity was found in tbe body of deceased.
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Appeal from Hannibal Court of Common Pleas. — Hon. D. H. Eby, Judge. (1) In a case of tbis kind it is not necessary to prove bow mueb of any particular poison it would take to destroy life, or that sucb quantity was found in tbe body of deceased. Tbe evidence of medical men may be. offered as to wbetber tbe death was caused by poison or not, and, altbougb they may not be willing to declare that it was by poison, tbe fact may be satisfactorily established by various independent facts and circumstances, such as the prisoner’s motive and opportunity, and whether he had or procured the poison,…
1Opinion of the CourtBurgess, J.
— This is an appeal by defendant from a conviction and sentence of death passed upon her on a charge by indictment of having feloniously administered to her husband, Erank Nesenhener, a large quantity of a certain deadly poison, called morphine, from the effects of which he died.
Several points are urged for a reversal of the judgment, but from the view that we take of the case it will only be necessary to pass upon one, as it goes to the very foundation of the judgment, that is, the want of substantial evidence to support it, in the absence of which it can not be permitted to stand.
In Wills…
2Cases cited1 opinion
- Joe v. StateSupreme Court of Florida · 1856
3Cited by9 opinions
- State v. HydeSupreme Court of Missouri · 1911
- State v. HeppermanSupreme Court of Missouri · 1942
- State v. MeysenburgMissouri Court of Appeals · 1902
- State v. TrusterSupreme Court of Missouri · 1960
- State v. BassSupreme Court of Missouri · 1913
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