State v. Howard
Decision Date | 11 June 1945 |
Docket Number | 39345 |
Citation | 188 S.W.2d 17,354 Mo. 38 |
Parties | State v. Millard R. Howard, Appellant |
Court | Missouri Supreme Court |
Appeal from Jackson Circuit Court; Hon. Ben Terte, Judge.
Reversed and remanded.
J K. Owens for appellant.
The court erred in giving instructions 2, 3 and 4. State v Welch, 278 S.W. l.c. 759; State v. Johnson, 64 S.W.2d 659; State v. Slusher, 301 Mo. l.c. 293; State v. Collins, 292 Mo. 102; State v Cantrell, 290 Mo. 232; State v. Conway, 241 Mo. 271; State v. Swarens, 294 Mo. 139; State v. Gabriel, 301 Mo. 365; State v. Busch, 119 S.W.2d l.c. 269; State v. Johnson, 334 Mo. 10.
J. E. Taylor, Attorney General, and Frank W. Hayes, Assistant Attorney General, for respondent.
The court did not err in giving instructions 2, 3 and 4 on the part of the State. State v. Albritton, 328 Mo. 349; State v. Aurentz, 315 Mo. 242, 286 S.W. 69; State v. Bolhofner, 82 S.W.2d 894, 336 Mo. 1155; State v. Crow, 141 S.W.2d 66; State v. Decker, 33 S.W.2d 258, 326 Mo. 946; State v. Douglas, 312 Mo. 373, 278 S.W. 1016; State v. Glass, 318 Mo. 611, 300 S.W. 691; State v. Johnson, 163 S.W.2d 780; State v. Lewis, 248 Mo. 498; State v. Logan, 126 S.W.2d 256; State v. Murphy, 90 S.W.2d 103, 338 Mo. 291; State v. Murrell, 169 S.W.2d 409; State v. Nasello, 30 S.W.2d 132; State v. Rodgers, 102 S.W.2d 566; State v. Sterling, 72 S.W.2d 730.
A grand jury of Jackson County, Missouri, returned an indictment in the circuit court of that county charging the appellant with murder in the first degree for the killing of his wife, Maxine R. Howard. His trial in that court resulted in his conviction of murder in the second degree and he was sentenced to imprisonment in the State Penitentiary for a term of forty years.
No question is raised as to the sufficiency of the evidence to sustain the conviction. Appellant contended that he was insane when the deceased was killed, and, also, that he killed her in self-defense.
The trial court instructed the jury on murder in the first degree, murder in the second degree, and manslaughter. The court, also, instructed the jury on insanity and on appellant's plea of self-defense.
The appellant contends that instruction No. 3 is erroneous, and that instruction reads as follows:
The appellant contends that this instruction deprived him of his defense of insanity. That is to say, this instruction told the jury under what circumstances the jury could find the appellant guilty; and while it mentioned the defense of self-defense, it did not in any manner state anything about his defense of insanity, and, therefore, it led the jury to believe that his only defense was self-defense, and it was error not to mention his plea of insanity. Appellant relies upon the cases of State v. Gabriel, 301 Mo. 365, 256 S.W. 765; State v. Slusher, 301 Mo. 285, 256 S.W. 817; State v. Welch, 311 Mo. 476, 278 S.W. 755.
On the other hand, the respondent contends that since the court gave separate instructions covering both his plea of self-defense and his plea of insanity, it was not necessary to mention these two defenses. Respondent relies upon our cases of State v. Murphy, 338 Mo. 291, 90 S.W.2d 103, l.c. 112, and State v. Logan, 344 Mo. 351, 126 S.W.2d 256. In fact, respondent contends that the identical question was ruled against appellant in the Murphy case. In ruling that case we said:
To continue reading
Request your trial-
State v. Fleming
... ... E. Taylor, Attorney General, and B. Richards ... Creech, Assistant Attorney General, for respondent ... (1) ... Error cannot be predicated on admission of testimony to which ... no objection is disclosed by the record. State v ... McNabb, 267 S.W. 606; State v. Howard, 177 ... S.W.2d 616; State v. Koch, 16 S.W.2d 205, 322 Mo ... 106; State v. Watson, 44 S.W.2d 132, 329 Mo. 158; ... State v. Thomas, 82 S.W.2d 885; State v ... Cade, 34 S.W.2d 82, 326 Mo. 1132; State v ... Buckner, 80 S.W.2d 167; State v. Taylor, 8 ... S.W.2d 29. (2) The evidence given by ... ...
-
State v. Howard
...murder in the first degree. He was sentenced to life imprisonment. An appeal was duly taken. This is the second appeal. See State v. Howard, 354 Mo. 38, 188 S.W.2d 17. At the first trial appellant was convicted of murder in the second degree and sentenced to imprisonment for a term of forty......
- State v. Howard