State v. Revely

• Decision Date: 07 November 1898
• Citation: 145 Mo. 660,47 S.W. 787
• Parties: STATE v. REVELY.
• Court: Missouri Supreme Court

47 S.W. 787

145 Mo. 660

STATE v. REVELY.

Supreme Court of Missouri, Division No. 2.

November 7, 1898.

CRIMINAL LAW — REVIEW — BILL OF EXCEPTIONS — MOTION FOR NEW TRIAL — HOMICIDE — EVIDENCE.

1. A recital in a bill of exceptions, "Defendant filed his motion for new trial in the words and figures as set out on page number 19," is not a direction to the clerk to copy it into the record, within the provisions of Rev. St. 1889, § 2304, that it shall not be necessary for the

review of the action of any lower court on appeal that a motion for new trial be copied or set forth in the bill of exceptions filed in the lower court: provided the bill of exceptions so filed contains a direction to the clerk to copy the same, and the same is so copied into the record sent up to the appellate court.

2. Accused went to the lunch counter of a saloon where he was employed, to get a lunch, and deceased made a remark which angered accused. He left, and in 10 or 15 minutes returned, and, calling deceased a scoundrel, said, "If you want anything out of me, I am here for it." They scuffled, and were separated, and deceased stepped back, when accused followed him, and stabbed him. There was some evidence offered that it was in self-defense. Held to sustain a verdict of murder in the second degree.

Appeal from St. Louis criminal court; James E. Withrow, Judge.

Thomas Revely was convicted of murder in the second degree, and he appeals. Affirmed.

Ashley Clover, for appellant. Edward C. Crow, Atty. Gen., Sam. B. Jeffries, Asst. Atty. Gen., and W. W. Graves, for the State.

BURGESS, J.

At the May term, 1897, of the circuit court of the city of St. Louis, the defendant was convicted of murder in the second degree, under an indictment theretofore preferred against him by a grand jury of said city, and his punishment fixed at 10 years' imprisonment in the penitentiary for having stabbed to death with a knife one Michael Green, at said city, on the 8th day of February, 1895. Defendant appealed. At the time of the homicide, deceased was a waiter at Peckington's saloon, in the city of St. Louis. Some time between 8 and 9 o'clock on Saturday evening, February 8, 1896, defendant went into the saloon, and up to the lunch counter, and got a lunch, when deceased made some remark to him which seemed to anger him. He then left the saloon, but in 10 to 15 minutes returned again. Deceased was then waiting on some people at a table. Defendant said to him: "Now, you scoundrel, here I am again. If you want anything out of me, I am here for it." Just after this remark, they came together as if scuffling, when they were separated by some of those present. Green then stepped back, when defendant followed...