State v. Reed
Supreme Court of Missouri
Appeal from Jackson Criminal Court.- — Hon. D. W. Shackleford, Special Judge. (1) Had the defendant any rights in his store or place of business, with reference to the conduct of the deceased, John Eaulk, that he would not have had elsewhere? If so, the court should have given instructions as asked by the defendant and should not have obscured these special rights as the court did do in paragraph 7 of the given instructions.
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Appeal from Jackson Criminal Court.- — Hon. D. W. Shackleford, Special Judge. (1) Had the defendant any rights in his store or place of business, with reference to the conduct of the deceased, John Eaulk, that he would not have had elsewhere? If so, the court should have given instructions as asked by the defendant and should not have obscured these special rights as the court did do in paragraph 7 of the given instructions. State v. Taylor, 143 Mo. 150; State v. Kermade, 121 Mo. 405; State v. Pollard, 139 Mo. 220; Morgan v. Durfee, 69 Mo. 469. (2) The defendant’s 8th instruction, abundantly…
1Opinion of the CourtSherwood, J.
To a charge made against defendant of murder in the first degree, the jury returned a verdict of murder in the second degree, assessing the punishment at its minimum, 10 years in the penitentiary.
The story of the occurrence made the subject of indictment, is substantially this: Defendant kept a second-hand store where he bought, sold, and sometimes exchanged such articles as are usually kept in such establishments. He was a man nearly 64 years of age and wore glasses. Faulk, the other person mentioned in the indictment, was a laborer some 34 years old. He had been a frequent customer of…
2Cases cited4 opinions
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- State v. HayesSupreme Court of Missouri · 1884
- State v. McNamaraSupreme Court of Missouri · 1889
- State v. YoungSupreme Court of Missouri · 1900
3Cited by27 opinions
- State v. BrinkleySupreme Court of Missouri · 1946
- State v. ConwaySupreme Court of Missouri · 1912
- State v. RizorSupreme Court of Missouri · 1944
- State v. GibilterraSupreme Court of Missouri · 1938
- State v. ClarkMissouri Court of Appeals · 1977
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