State v. Stewart
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. (1) The court committed error in not giving an instruction to the jury on manslaughter in the fourth degree.
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Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. (1) The court committed error in not giving an instruction to the jury on manslaughter in the fourth degree. The testimony of defendant himself, and that of his daughter, Buby Stewart, with reference to deceased picking up a rock, immediately upon defendant’s arrival at the mail box; the evidence of witness Lohse, who saw from a distance deceased’s raised arm in a position to hurl something; and the testimony of witness, Jarve Allison, that immediately upon defendant’s arrival at the mail box, the deceased stooped down, as he…
1Opinion of the CourtWilliams, P. J.
An opinion was originally prepared in this case by Walker, J. All of .that opinion was concurred in by the court with the exception of one paragraph thereof dealing with the question of the right of the prosecuting attorney to make a reply statement of facts to the jury at the beginning of the trial. It being therefore entirely unnecessary to redraft that portion of the opinion and the statement upon which all are agreed we will adopt that portion of the original opinion in this opinion. The portion thus adopted is as follows:
“Appellant was charged by information in the circuit court of Pike…
2Cases cited26 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- Compton v. StateSupreme Court of Alabama · 1895
- People v. BorgettoMichigan Supreme Court · 1894
- Jackson v. StateSupreme Court of Alabama · 1883
- State v. KennedySupreme Court of Missouri · 1903
21 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. CreightonSupreme Court of Missouri · 1932
- State v. BurrellSupreme Court of Missouri · 1923
- State v. BrookshireSupreme Court of Missouri · 1963
- State v. BongardSupreme Court of Missouri · 1932
- State v. WhitedSupreme Court of Missouri · 1950
7 more not listed; retrieve them via the Exa API.