State v. Harris
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hew. E. E. Porterfield) Judge. (1) The court erred in giving instruction 6 on behalf of the State. This instruction did not give the defendant the benefit of his explanation or his reasons for leaving the State, his statement being that he left because he was in fear of a mob, that he intended to return as soon as quiet had been established, and that he did return.
Read the full summary
Appeal from Jackson Criminal Court. — Hew. E. E. Porterfield) Judge. (1) The court erred in giving instruction 6 on behalf of the State. This instruction did not give the defendant the benefit of his explanation or his reasons for leaving the State, his statement being that he left because he was in fear of a mob, that he intended to return as soon as quiet had been established, and that he did return. The following cases hold that the court should instruct the jury as to all explanatory reasons for flight and that it is error not to do so: State v. Mallon, 75 Mo. 357; State v. King, 78 Mo.…
1Opinion of the CourtFerriss, J.
The defendant was convicted in the criminal court of Jackson county of murder in the first degree, and received a life sentence in the penitentiary. He appeals to this court to reverse the judgment because of alleged error committed by the- trial court in instructing the jury on the question of flight.
The facts material to a proper consideration of the question raised are as follows:
On the 5th day of September, 1908, at 9:30 p. m., one Frank Smith was- shot to death on Eighteenth street, Kansas City. The deceased had joined a crowd which had gathered on the scene of an affray which involved…
2Cases cited8 opinions
- State v. WalkerSupreme Court of Missouri · 1888
- State v. FairlambSupreme Court of Missouri · 1894
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. ReedSupreme Court of Missouri · 1900
- State v. Ma FooSupreme Court of Missouri · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. HarrisSupreme Court of Missouri · 1958
- State v. SwarensSupreme Court of Missouri · 1922
- State v. ConwaySupreme Court of Missouri · 1912
- State v. MorrisSupreme Court of Missouri · 1952
- State v. DraneSupreme Court of Missouri · 1967
11 more not listed; retrieve them via the Exa API.