State v. Wade
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. E. J. BroadduSj Judge. (1) Instruction numbered 16, in bill of exceptions, is erroneous and should have permitted the jury to have passed upon the present question of sanity even though they may have found and believed that the defendant was not insane at the time of the killing.
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Appeal from Clay Circuit Court. — Hon. E. J. BroadduSj Judge. (1) Instruction numbered 16, in bill of exceptions, is erroneous and should have permitted the jury to have passed upon the present question of sanity even though they may have found and believed that the defendant was not insane at the time of the killing. The court had refused the application made by Elemmon Wade, a third party, but authorized by the law to act, asking that the question of present insanity be submitted to a jury, which was not granted, if not. submitted to a jury before trial, the court to have permitted the…
1Opinion of the CourtSherwood, P. J.
This is the second appearance of this cause in this court, the judgment of the lower court having been reversed on a former occasion, because of the insufficiency of the indictment. [147 Mo. 73.] Since then, the cause has again been tried, resulting in a verdict of guilty of murder in the second degree, and affixing the punishment at imprisonment in the penitentiary for the term of fifteen years.
Of its own motion, the trial court cut down this term to ten years. The homicide charged in the indictment was the killing of Alexander Schamel, by shooting him with a shotgun. The plea was “not…
2Cases cited4 opinions
- State v. WearSupreme Court of Missouri · 1898
- State v. LoweSupreme Court of Missouri · 1887
- State v. GriffinSupreme Court of Missouri · 1889
- State v. WadeSupreme Court of Missouri · 1898
3Cited by4 opinions
- State v. PorterSupreme Court of Missouri · 1908
- Greenwood v. StateCourt of Criminal Appeals of Oklahoma · 1931
- Rowe v. StateCourt of Appeals of Maryland · 1964
- Rowe v. StateCourt of Appeals of Maryland · 1964