State v. Bowles
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. C. A. Anthony, Judge. *(1) The instruction for murder in second degree was error in this case, (a) The elements of malice and premeditation are lacking. There can be no murder of either degree without malice and premeditation.
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Appeal from Clinton Circuit Court. — Hon. C. A. Anthony, Judge. *(1) The instruction for murder in second degree was error in this case, (a) The elements of malice and premeditation are lacking. There can be no murder of either degree without malice and premeditation. State v. Weiners, 66 Mo. 13; State v. Mitchell, 64 Mo. 191; State v. Curtis, 70 Mo. 594; State v. Harris, 73 Mo. 287. (b) This case at the very worst, upon the evidence for the State, could only be manslaughter in the third degree. State v. Ellis, 74 Mo. 207; State v. Wilson, 98 Mo. 440; State v. O'Hara, 92 Mo. 59;, State v.…
1Opinion of the CourtGantt, P. J.
The defendant was indicted for murder in the second degree of Hugh Hall, in Clinton county on the sixth of March, 1897, and was convicted as charged.
No error is assigned or perceived in the record proper.
The evidence, briefly stated, establishes that the homicide occurred near a small village called Lilly. There are two stores in the place. The deceased was a clerk in one and defendant in the other. There is no evidence of ill-feeling between the two prior to the night of the homicide.
On that night the deceased, Hall, and several others in the spirit of a joke made a scarecrow, by cutting…
2Cases cited9 opinions
- People v. RodrigoCalifornia Supreme Court · 1886
- State v. BenhamSupreme Court of Iowa · 1867
- Fain v. CommonwealthCourt of Appeals of Kentucky · 1879
- State v. McDanielSupreme Court of Missouri · 1887
- State v. DraperSupreme Court of Missouri · 1877
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3Cited by18 opinions
- State v. BrinkleySupreme Court of Missouri · 1946
- State v. RizorSupreme Court of Missouri · 1944
- State v. VincentSupreme Court of Missouri · 1959
- Village of Barboursville Ex Rel. Bates v. TaylorWest Virginia Supreme Court · 1934
- State v. Painter.Supreme Court of Missouri · 1931
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