State v. Jackson
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | RYLAND |
| Citation | 17 Mo. 544 |
| Decision Date | 31 January 1853 |
| Parties | STATE, Defendant in Error, v. JACKSON, Plaintiff in Error. |
17 Mo. 544
STATE, Defendant in Error,
v.
JACKSON, Plaintiff in Error.
Supreme Court of Missouri.
January Term, 1853.
1. Whether a prosecutor shall be compelled to elect on which count of an indictment he will proceed, is a matter of discretion with the court; where the same offence is charged in different forms, the court may very properly refuse to compel an election.
2. On a charge against A., of an assault with intent to kill B., no remarks or threats affecting A., made by B. to a third party previously to the assault, are admissible in evidence in A.'s behalf; certainly not, when it does not appear at what time they were communicated to him.
3. Declarations of B. some months after the assault, in palliation of A.'s guilt, are not admissible.
4. Nor is the evidence of B.'s general bad and dangerous character admissible, he being unoffending when assaulted.
5. Evidence of threats made by B. is not admissible, if sufficient time had elapsed for the blood to cool.
Error to Saline Circuit Court.
Shackelford, for plaintiff in error.
James B. Gardenhire, (attorney general,) for the State.
[17 Mo. 545]
RYLAND, Judge, delivered the opinion of the court.
The defendant was indicted for feloniously assaulting and shooting one Jonathan Millsaps, with intent to kill him. There were several counts in the indictment. The defendant appeared and pleaded not guilty. At the trial term, after the jury were sworn, the defendant moved the court to compel the counsel for the State to elect under which count of the indictment the prisoner should be tried. This motion the court overruled, and the defendant excepted. The State then introduced testimony to prove the offense, and the defendant offered evidence in mitigation. The jury convicted the defendant, and assessed his punishment at two years' imprisonment in the state penitentiary. A motion was made for a new trial, which being overruled, the defendant excepted, and brings the case here by writ of error.
The defendant, by his counsel, offered to prove in mitigation, that defendant was informed on the evening of the day before the shooting took place, that Millsaps had made an agreement with defendant's wife to get her a divorce and marry her. This evidence was objected to by the State, and rejected by the court. The defendant then offered to prove that Millsaps had told a witness, that another person was more to blame for the shooting than the defendant was. This was objected to by the attorney for the State, and the objections were sustained by the court. The defendant then offered to prove the general character of Millsaps, as a desperado, and dangerous man, and likely to carry his threats into execution. This proof being objected to, was likewise excluded and rejected by the court. The case was submitted to the jury under instructions. Both parties asked the court to give instructions, and all the instructions prayed for by each party, were given to the jury without any objection or exception. The only matters then, for our consideration, are the rulings of the court below, in regard to the refusal to compel the circuit attorney to elect under which
[17 Mo. 546]
count the defendant should be tried, and the exclusion and rejection of evidence in mitigation.
1. The practice of compelling the State to elect the count on which the trial shall be...
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State v. Huffer, 24581
...the sound discretion of the trial court. See State v. Grove, Mo., 204 S.W.2d 757; State v. Gant, Mo., 33 S.W.2d 970; and State v. Jackson, 17 Mo. 544. In the instant case, both assaults grew out of one transaction; they both occurred during one affray and were closely associated as to time.......
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State v. Morris
...close of all the evidence on which count it would stand. State v. Carrigan, 210 Mo. 351; State v. Duvenick, 237 Mo. 185; State v. Jackson, 17 Mo. 544; State v. Richmond, 186 Mo. 80. John T. Barker, Attorney-General, and Thomas J. Higgs, Assistant Attorney-General, for the State. (1) The ver......
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The State v. Edwards
...made previous to the killing such matters are rigidly excluded on the issue of provocation. State v. Brown, 181 Mo. 192; State v. Jackson, 17 Mo. 544; State v. Wood, 124 Mo. 412; Sanchez v. People, 22 N.Y. 147. (3) The court erred in declining to instruct that proof of a wounding in the bac......
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State v. Richmond
...that discretion unless it is apparent that it has been exercised oppressively or to the manifest injury of the accused. [State v. Jackson, 17 Mo. 544; State v. Leonard, 22 Mo. 449.] In State v. Gray, 37 Mo. 463, there were two counts in the indictment, one for larceny, the other for receivi......
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State v. Huffer, 24581
...the sound discretion of the trial court. See State v. Grove, Mo., 204 S.W.2d 757; State v. Gant, Mo., 33 S.W.2d 970; and State v. Jackson, 17 Mo. 544. In the instant case, both assaults grew out of one transaction; they both occurred during one affray and were closely associated as to time.......
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State v. Morris
...close of all the evidence on which count it would stand. State v. Carrigan, 210 Mo. 351; State v. Duvenick, 237 Mo. 185; State v. Jackson, 17 Mo. 544; State v. Richmond, 186 Mo. 80. John T. Barker, Attorney-General, and Thomas J. Higgs, Assistant Attorney-General, for the State. (1) The ver......
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The State v. Edwards
...made previous to the killing such matters are rigidly excluded on the issue of provocation. State v. Brown, 181 Mo. 192; State v. Jackson, 17 Mo. 544; State v. Wood, 124 Mo. 412; Sanchez v. People, 22 N.Y. 147. (3) The court erred in declining to instruct that proof of a wounding in the bac......
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State v. Richmond
...that discretion unless it is apparent that it has been exercised oppressively or to the manifest injury of the accused. [State v. Jackson, 17 Mo. 544; State v. Leonard, 22 Mo. 449.] In State v. Gray, 37 Mo. 463, there were two counts in the indictment, one for larceny, the other for receivi......