State v. Schaeffer
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in not granting’ a new trial because of the separation of the jury. R. S. 1899, sec. 2628; State v. McClain, 8 Mo. 153; State v. Murray, 91 Mo. 95; State v. Collins, 81 Mo. 652; State v. Hayes, 81 Mo. 585; State v. Schintz, 137 Mo. 266; State v. Gray, 100 Mo. 523. (2) The court erred in giving an instruction for murder in the second degree.
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Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in not granting’ a new trial because of the separation of the jury. R. S. 1899, sec. 2628; State v. McClain, 8 Mo. 153; State v. Murray, 91 Mo. 95; State v. Collins, 81 Mo. 652; State v. Hayes, 81 Mo. 585; State v. Schintz, 137 Mo. 266; State v. Gray, 100 Mo. 523. (2) The court erred in giving an instruction for murder in the second degree. State v. Tomasitz, 144 Mo. 86; State v. Cochran, 147 Mo. 504; State v. Garrison, 147 Mo. 548; State v. Bronstein, 147 Mo. 520; State v. Wingo, 66 Mo. 181. (3) The court…
1Opinion of the CourtBurgess, J.
Having been convicted of murder in the second degree under an indictment charging him with murder in the first degree and his punishment fixed at ten years’ imprisonment in the penitentiary for shooting to death with a shotgun .one Bud Hender*338son, defendant, after unavailing motion for new trial and in arrest appeals.
The homicide was committed at O’Fallon in St. Charles county, Missouri, at about eight o’clock on the evening of September 2, 1900. Defendant, two of his sons, and a man by the name of Hollender, when not at work in the country, lived in an old blacksmith shop on the back part of…
2Cases cited9 opinions
- State v. WalkerSupreme Court of Missouri · 1888
- State v. OrrickSupreme Court of Missouri · 1891
- State v. AverySupreme Court of Missouri · 1893
- State v. SansoneSupreme Court of Missouri · 1893
- State v. MurraySupreme Court of Missouri · 1886
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3Cited by7 opinions
- State v. ShawleySupreme Court of Missouri · 1933
- State v. MaloneSupreme Court of Missouri · 1933
- State v. TarwaterSupreme Court of Missouri · 1922
- State v. WilliamsSupreme Court of Missouri · 1934
- State v. NenningerSupreme Court of Missouri · 1945
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