State v. Brady
Supreme Court of Missouri
..Appeal from St. Louis Criminal Court. — Hon. Gr.. S- -■ Yah Wagoner, Judge. u ■: (1) The court erred in failing to instruct for manslaughter in the fourth degree. State v. Brans letter, 65 Mo. 149 ; State v. Edwards, 70 Mo. 480 ; Little v. The State, Horrigan' & Thompson Self Defence, 487. And this although not requested to do so by defendant.
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..Appeal from St. Louis Criminal Court. — Hon. Gr.. S- -■ Yah Wagoner, Judge. u ■: (1) The court erred in failing to instruct for manslaughter in the fourth degree. State v. Brans letter, 65 Mo. 149 ; State v. Edwards, 70 Mo. 480 ; Little v. The State, Horrigan' & Thompson Self Defence, 487. And this although not requested to do so by defendant. State v. Branstetter, 65 Mo. 149; Stale v. Arter, 65 Mo. 653; State v. Stonum, 62 Mo. 596. - (2) Defendant should have been allowed to cross-examine one of the state’s witnesses as to the desperate character of the deceased. Where a witness has been…
1Opinion of the CourtShebwood, J.
The indictment in this case charged the defendant with murdering George McCarthy by shooting him with a pistol. On being tried the defendant was found guilty of murder in' the second degree and his punishment assessed at fifty years imprisonment in the state, penitentiary.
The evidence was conflicting, and on the.part of the state the testimony would have well warranted the jury in finding a verdict for murder iu the first degree. On the part of the defendant the testimony made out a case of clearly defined and plainly marked self-defence. The trial court gave instructions embracing within…
2Cases cited3 opinions
- St. Louis & Iron Mountain Railroad v. SilverSupreme Court of Missouri · 1874
- Page v. KankeySupreme Court of Missouri · 1840
- State v. CoxSupreme Court of Missouri · 1878
3Cited by6 opinions
- State v. GardnerSupreme Court of Missouri · 2000
- State v. SoperSupreme Court of Missouri · 1899
- State v. LewisSupreme Court of Missouri · 1893
- Harris v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Walter v. HoeffnerMissouri Court of Appeals · 1892
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