Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 242

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 242

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...but ran to his bed and did not leave it until removed by others to a hospital in another county; that within a half hour after he was shot, two physicians arrived and later another from the hospital town, but they were unable to give him relief; that after being removed to the hospital he died, within twelve hours after he was shot; that after he was wounded his condition continued to grow worse and he suffered great pain and was groaning; and that he could tell from his breathing that he was shot 13. 14. 15. 16. 17. 18. through the lung, and repeatedly stated, "I guess they have got me." Held, that his dying declaration was admissible in evidence. ' --: instruction. It is not error to refuse to instruct the jury that a dying declaration is or is not entitled to the same weight as the sworn testimony of a living witness. INSTRUCTION: Repeating. Where the words "feloniously," "wilfully," "deliberately/' etc., were properly defined in one instruction, it is not necessary to define them in each instruction in which they are used.: No Definition of "Sufficient Cause," "Provocation," etc. Where the court told the jury that the assault on the previous day upon the principal's supposed wife and his knowledge thereof, would not furnish a sufficient cause of provocation to reduce the killing to murder in the second degree, and there was no evidence of such just cause of provocation as would reduce the grade of the crime, the use of the words "without suflicient reason, cause, justification or excuse" and "lawful provocation," without defining them, was not error.: Self-defense. An instruction telling the jury that if defendant voluntarily sought, more

Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • United States
  • English
  • black & white illustrations
  • 1236921720
  • 9781236921727