State v. Cushing
Decision Date | 31 October 1859 |
Parties | THE STATE, Respondent, v. CUSHING, Appellant. |
Court | Missouri Supreme Court |
1. It is improper to direct a jury in a criminal case to disregard the entire evidence of a witness, if they believe him false in any particular.
2. The courts should not, in instructing juries, comment upon the testimony.
3. It is not incumbent upon the State in a prosecution for murder, if there is a failure to prove that the mortal blow was struck with the weapon mentioned in the indictment, to prove what the weapon used was.
Appeal from St. François Circuit Court.
The following is a portion of the charge of the court to the jury:
The following is the fourth instruction asked by the defendant and refused: ...
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State v. Citius, 32408.
...part of such testimony. Kelly Criminal Law and Procedure, p. 359, sec. 396; State v. Mix, 15 Mo. 153; State v. Dwire, 25 Mo. 553; State v. Cushing, 29 Mo. 215; State v. Beaucleigh, 92 Mo. 490; State v. Hickam, 95 Mo. 322; State v. Swisher, 186 Mo. 1; State v. Shelton, 223 Mo. 118; State v. ......
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State v. Brinkley, 39557.
...excusable homicide and manslaughter, if there be any evidence under any of those heads in the case. Sec. 4377, R.S. 1939; State v. Cushing, 29 Mo. 215; State v. Phillips, 24 Mo. 475. (29) Instruction 2 was erroneous in that it gave jury a confusing statement as to whether a homicide could b......
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State v. Citius
...part of such testimony. Kelly Criminal Law and Procedure, p. 359, sec. 396; State v. Mix, 15 Mo. 153; State v. Dwire, 25 Mo. 553; State v. Cushing, 29 Mo. 215; State Beaucleigh, 92 Mo. 490; State v. Hickam, 95 Mo. 322; State v. Swisher, 186 Mo. 1; State v. Shelton, 223 Mo. 118; State v. Buc......
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State v. Whipkey
...... material fact", they "should reject all or any. portion of such witness' testimony." This. instruction was erroneous in that it told the jury that it. was their duty to disregard such testimony, and thus was. prejudicial to this defendant. State v. Cushing, 29. Mo. 215; State v. Miller, 234 S.W. 813; State v. Mounts, 106 Mo. 226, 17 S.W. 226; State v. Vansant, 80 Mo. 67; State v. Waller, 259 S.W. 445. (2) The court erred in refusing to declare a mistrial,. when, although the court had previously instructed both. attorneys that no reference was ......