Legal Opinion

State v. Francis

Supreme Court of Missouri

Decided December 4, 1906PublishedCited by 20 opinions

Appeal from Jackson Criminal Court. — Eon. Jno. W. Wofford, Judge. (1) The information is not sufficient to charge murder in the first degree by poisoning because: (a) It •does not change that defendant intended or contrived to kill deceased, (b) It does not charge that deceased did not take the poison voluntarily and with suicidal intent, (c) It does not negative the fact that the poison was administered to deceased in aid of self destruction, (d) It does not charge that…

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Appeal from Jackson Criminal Court. — Eon. Jno. W. Wofford, Judge. (1) The information is not sufficient to charge murder in the first degree by poisoning because: (a) It •does not change that defendant intended or contrived to kill deceased, (b) It does not charge that deceased did not take the poison voluntarily and with suicidal intent, (c) It does not negative the fact that the poison was administered to deceased in aid of self destruction, (d) It does not charge that deceased' did not take the poison knowing it to be poison, and of her own volition, (e) The information should charge…

1Opinion of the CourtBurgess, P. J.

The defendant was charged in the information with murder, in the first degree, committed upon Winona Newt-on by administering'to her carbolic acid, a deadly poison; and by choking and strangling her, and with assaulting her with dangerous and deadly weapons, to-wit, a knife and a large heavy *680stone. Upon arraignment lie pleaded not guilty. A trial was had in the criminal court of Jackson county, at' which he was convicted1 by the verdict of a jury of murder in the first degree. Prom the judgment of conviction and sentence of death and from order denying him a new trial, and in overruling his…

2Cases cited5 opinions

  1. State v. DavidSupreme Court of Missouri · 1895
  2. State v. MorneySupreme Court of Missouri · 1906
  3. State v. CrabtreeSupreme Court of Missouri · 1902
  4. State v. PackwoodSupreme Court of Missouri · 1858
  5. State v. ScottSupreme Court of Missouri · 1903

3Cited by20 opinions

  1. State v. GrimSupreme Court of Missouri · 1993
  2. State v. GregorySupreme Court of Missouri · 1936
  3. State v. StapletonSupreme Court of Missouri · 1975
  4. State v. ConceliaSupreme Court of Missouri · 1913
  5. State v. BassSupreme Court of Missouri · 1913

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