State v. Foster
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. * (1) The verdict in this case is supported and warranted by the law and the evidence. The evidence shows that the killing was murder in the first degree; that it was perpetrated in the consummation of a prearranged conspiracy to rob, and under the instructions given by the court, the jury could do nothing but return .a verdict ' of murder in the first degree.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. * (1) The verdict in this case is supported and warranted by the law and the evidence. The evidence shows that the killing was murder in the first degree; that it was perpetrated in the consummation of a prearranged conspiracy to rob, and under the instructions given by the court, the jury could do nothing but return .a verdict ' of murder in the first degree. (2) There was no testimony upon which to base an instruction for murder in the second degree. The defendant did not complain that the court had failed to instruct…
1Opinion of the CourtSherwood, J.
The defendant, a negro,' with two others, Germans, Peter Schmidt and John Schmidt, was indicted at the January term, 1896, of the St. Louis county circuit court for murdering Bertram A. Atwater at Webster Groves, in that county, by shooting him to death with a pistol. This crime was committed in an attempt to rob Atwater, on the twenty-third day of January, 1896. At the same term, the accused parties entered their plea of not guilty, a severance was granted, and defendant being tried was found guilty of murder in the first degree, and sentenced to be hanged.
It appeared in evidence that the…
2Cases cited5 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. CantlinSupreme Court of Missouri · 1893
- State v. DonnellySupreme Court of Missouri · 1895
- State v. PaxtonSupreme Court of Missouri · 1895
3Cited by21 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. NaselloSupreme Court of Missouri · 1930
- State v. BradleySupreme Court of Missouri · 1950
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. CaseyOregon Supreme Court · 1923
16 more not listed; retrieve them via the Exa API.