Legal Opinion

State v. Cook

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 26 opinions

Appeal from, Washington Circuit Court. — IIon. Jno. L. Thomas, Judge. (1) The second instruction correctly defines murder in the first degree to be a wilful, deliberate killing done with premeditation and malice aforethought. (2) The third instruction has often been sanctioned by this court. State'0. Talbott, 73 Mo. 346, and cases cited.

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Appeal from, Washington Circuit Court. — IIon. Jno. L. Thomas, Judge. (1) The second instruction correctly defines murder in the first degree to be a wilful, deliberate killing done with premeditation and malice aforethought. (2) The third instruction has often been sanctioned by this court. State'0. Talbott, 73 Mo. 346, and cases cited. The technical terms used in the definition of murder in the first degree are defined as usual, except deliberately, which is defined as in the State v. Wieners, 66 Mo. 13. Even if this definition were wrong the error would be immaterial as there was no…

1Opinion of the Court

Martin, C.

The defendant was indicted and convicted of murder in the first degree for killing a woman named Emma Shore. It was developed in the evidence that the defendant, a negro man, raised in Washington county and reputed to be of a peaceable disposition, although frequently seen under the influence of liquor, had been acquainted for some considerable time with the deceased, a young girl of his own race, to whom his attentions had been latterly paid in the character of a suitor. Early in the afternoon of July 5, 1883, the defendant was seen by witness, Mahala Clark, who-learned from him…

2Cases cited3 opinions

  1. State v. MaguireSupreme Court of Missouri · 1878
  2. State v. McGinnisSupreme Court of Missouri · 1882
  3. State v. ZornSupreme Court of Missouri · 1880

3Cited by26 opinions

  1. State v. BrooksSupreme Court of Missouri · 1887
  2. State v. TaylorSupreme Court of Missouri · 1896
  3. State v. FairlambSupreme Court of Missouri · 1894
  4. State v. DusenberrySupreme Court of Missouri · 1892
  5. State v. YoungSupreme Court of Missouri · 1889

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