State v. Kloss
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. • The defendant killed Patrick H. Thompson by heating him with his fist and kicking him to death.
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Appeal from Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. • The defendant killed Patrick H. Thompson by heating him with his fist and kicking him to death. He was indicted, charged with murder in the first degree, and on trial was convicted of murder in the ■second degree, his punishment being assessed at ten years in the penitentiary, the lowest term of punishment provided by law for the perpetration of that ■crime, the trial court refusing or declining to give any instructions for a higher grade of crime than that of which defendant was found guilty. The substance of‘the evidence…
1Opinion of the CourtShebwood, J.
I. As there were no errors committed against the defendant in the court below, either in giving, or in refusing, instructions, or in the admission or rejection of evidence, the judgment should, as to those points, unquestionably, be affirmed.
*599The defendant is not represented by counsel in this court, but, it is claimed in the motion for a new trial, that, “the evidence showed no greater offense than manslaughter, and the verdict for murder in the second degree should not be permitted to stand.” With the view to meet this objection, the evidence contained in the worst and shabbiest transcript…
2Cases cited3 opinions
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. JohnsonSupreme Court of Missouri · 1882
- State v. ThompsonSupreme Court of Missouri · 1884
3Cited by10 opinions
- State v. DuestrowSupreme Court of Missouri · 1897
- State v. MaySupreme Court of Missouri · 1897
- State v. WooleySupreme Court of Missouri · 1909
- State v. LloydSupreme Court of Missouri · 1935
- State v. McKenzieSupreme Court of Missouri · 1903
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