Legal Opinion

State v. Sherman

Supreme Court of Missouri

Decided March 30, 1915PublishedCited by 7 opinions

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Appeal from Jackson Criminal Court. — Eon. E. E. Porterfield, Judge. (1) The court refused to permit qualified'jurors to serve, for the reason that they swore that they would not impose capital punishment, even though they would return a verdict of guilty, in violation of Sec. 4450, R. S. 1909. (2) Other crimes than the one charged. State v. Hyde, 234 Mo. 200; State v. Philips, 233 Mo. 299. (3) The court erred in giving the instruction on murder in the first degree, for the reason there is no evidence on which to base said instruction. State v. May, 142 Mo. 135; State v. Gordon, 191 Mo. 227;…

1Opinion of the CourtWalker, J.

Upon an information filed by the prosecuting attorney of Jackson county, appellant and John Tatman were charged with murder in the first degree in having shot and killed John Lynch, a police officer, in Kansas City in said county on the night of April 30, 1913. A severance was granted and a trial of appellant was had, resulting in a conviction as charged, the punishment being assessed at death. Following the usual procedure, an appeal was perfected to this court.

The facts are identical with those in State, v. Tat-man, ante, p. 357, except that appellant in his voluntary statement, made the…

2Cases cited15 opinions

Ruloff v. . the PeopleNew York Court of Appeals · 1871
State v. WintzingerodeOregon Supreme Court · 1881
State v. ChurchSupreme Court of Missouri · 1906
State v. DarlingSupreme Court of Missouri · 1906
State v. RogersSupreme Court of Missouri · 1913

10 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

State v. NaselloSupreme Court of Missouri · 1930
State v. MayberrySupreme Court of Missouri · 1954
State v. GarrettSupreme Court of Missouri · 1920
State v. PattersonSupreme Court of Missouri · 1917
State v. WhiteSupreme Court of Missouri · 1923

2 more not listed; retrieve them via the Exa API.