State v. Gurley

• Decision Date: 02 December 1902
• Citation: 70 S.W. 875,170 Mo. 429
• Parties: STATE v. GURLEY.
• Court: Missouri Supreme Court

70 S.W. 875

170 Mo. 429

STATE v. GURLEY.

Supreme Court of Missouri, Division No. 2.

December 2, 1902.

MURDER — CONVICTION — SUFFICIENCY OF EVIDENCE — DEGREE OF HOMICIDE — PROPRIETY OF INSTRUCTION.

1. Evidence in a prosecution for murder examined, and held to sustain a conviction of murder in the first degree, notwithstanding accused's testimony showing a prior assault on him by deceased.

2. Where the evidence in a prosecution for murder shows that the accused had threatened to kill deceased, struck her with a knife, and pursued her across the street, where he again stabbed her, instructions as to murder in the second degree and manslaughter are properly refused; instructions as to murder in the first degree and on self-defense having been given, — the latter, in view of accused's testimony that deceased had first struck at him with a knife.

Appeal from St. Louis circuit court; Franklin Ferris, Judge.

Charles Gurley was convicted of murder in the first degree, and appeals. Affirmed.

Truman P. Young and John E. Bowcock, for appellant. The Attorney General and Jerry M. Jeffries, for the State.

SHERWOOD, J.

One negro killed a negress (one Rosie Higgins) by stabbing her to death with a knife, and, being tried therefor, was found guilty of murder in the first degree, and sentence and judgment went accordingly. Higgins was a girl about 20 years of age, in stature 5 feet high, and weighed about 110 pounds. Defendant and deceased had lived together previous to this time, but fully four months before the homicide the Higgins girl had tired of defendant; and she had taken up with another negro man, and would have nothing to do with defendant, though she had no ill will against him. Defendant went to see the Higgins girl occasionally for the purpose of inducing or forcing her to be to him as she had been in times previous, and on some of these occasions struck and beat her, and, because she did not yield to his force or persuasion, threatened to kill her. The evidence shows that on the afternoon of May 1, 1901, they met on Locust street, in St. Louis, near the levee, — the deceased with a girl friend of hers, and not expecting to see defendant. Defendant called Rosie Higgins a few feet away from her companion, and for about five minutes engaged in an earnest conversation with her. The only part of the conversation detailed in evidence was that the girl said, "No; I won't do it." As soon as she uttered this statement, defendant struck her two vicious...