State v. Frank
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. C.' A. Anthony, Judge. The court erred in giving instruction, numbered 1, on behalf of the state. The crime charged against the defendant does not consist, of different degrees, and for that reason the provisions of sections 1654 and 1655, Revised Statutes of 1879, do not apply.
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Appeal from Andrew Circuit Court. — Hon. C.' A. Anthony, Judge. The court erred in giving instruction, numbered 1, on behalf of the state. The crime charged against the defendant does not consist, of different degrees, and for that reason the provisions of sections 1654 and 1655, Revised Statutes of 1879, do not apply. R. S. 1879, sec. 3796State v. Gabriel, 88 Mo. 631-643; State v. Burk, 89 Mo. 635; 8late v. Johnson, 91 Mo. 439-444 ; State v. Lowe, 93 Mo. 547-574. For the reason above stated, the court erred in refusing to give instructions, numbered 1 and 2, on behalf of the defendant, and…
1Opinion of the CourtMacfarlane, J.
Defendant was indicted for the crime of sodomy. Upon a trial under the indictment the evidence tended to prove an unsuccessful attempt to commit the offense charged. The jury was instructed “ that if the defendant made an attempt to copulate, or have intercourse, with said dog, and in such attempt did any act toward the commission of said offense and failed in the perpetration of said offense, or was prevented or intercepted in executing the same, then and in that case the jury will find the defendant guilty of an attempt to commit the offense charged, and so state in their verdict, and…
2Cases cited7 opinions
- State v. BurkSupreme Court of Missouri · 1886
- State v. SchlossSupreme Court of Missouri · 1887
- State v. MeltonSupreme Court of Missouri · 1890
- State v. WebsterSupreme Court of Missouri · 1883
- State v. JohnsonSupreme Court of Missouri · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. WilsonSupreme Court of Missouri · 1950
- State v. MasonSupreme Court of Missouri · 1929
- People v. WebbMichigan Supreme Court · 1901
- State v. BrooksMissouri Court of Appeals · 1978
- State v. WhitakerSupreme Court of Missouri · 1955
8 more not listed; retrieve them via the Exa API.