State v. Skaggs
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | Sherwood |
| Citation | 159 Mo. 581,60 S.W. 1048 |
| Decision Date | 12 February 1901 |
| Parties | STATE v. SKAGGS. |
v.
SKAGGS.
HOMICIDE — INSTRUCTION AS TO MANSLAUGHTER — FAILURE TO DEFINE "HEAT OF PASSION."
In a prosecution for murder, in which defendant was convicted of manslaughter in the fourth degree, an instruction as to that degree which fails to define the words "heat of passion," is erroneous.
Appeal from circuit court, Oregon county; W. N. Evans, Judge.
Butler Skaggs was convicted of manslaughter, and he appeals. Reversed.
Green, Garnett & Meeks, for appellant. Edward C. Crow, Atty. Gen., for the State.
SHERWOOD, J.
This prosecution, originating in a charge of and indictment for murder in the first degree, resulted in a verdict of manslaughter in the fourth degree, and in punishment being assessed at two years in the penitentiary. The name of the person killed was William Biggers; the lethal weapon used a fire shovel. There were circumstances connected with the homicide which induces the court to give an instruction for that degree of manslaughter which is recorded in the verdict. There is an error in that instruction, however, which, being properly excepted to, necessitates the reversal of the judgment. It is this: The words "heat of passion" are not defined. State v. Strong (Mo. Sup.) 55 S. W. 78, and cases cited. Therefore, judgment reversed, and cause remanded. All concur.
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State v. Brinkley, No. 39557.
...625; State v. Burnett, 188 S.W. (2d) 51. (25) The heat of passion that produces lawful provocation ought to be defined. State v. Skaggs, 159 Mo. 581, 60 S.W. 1048; State v. McKinzie, 102 Mo. l.c. 627; State v. Umfried, 76 Mo. l.c. 407; State v. Gieseke, 209 Mo. 331, 108 S.W. 525; State v. G......
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State v. Foster, No. 39962.
...v. McKinzie, 102 Mo. 620, 15 S.W. 149. (33) The heat of passion that produces lawful provocation ought to be defined. State v. Skaggs, 159 Mo. 581, 60 S.W. 1048; State v. McKinzie, 102 Mo. l.c. 627; State v. Umfried, 76 Mo. l.c. 407; State v. Gieseke, 209 Mo. 331, 108 S.W. 525. (34) An inst......
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State v. McGuire, No. 31068.
...the duty of the court on request to prepare and give an instruction correctly covering the matter involved. 16 C.J. 966; State v. Skaggs, 159 Mo. 581; State v. McLain, 159 Mo. 340; State v. Reed, 154 Mo. 123; State v. Strong, 153 Mo. 548. (8) Where there is only circumstantial evidence of t......
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State v. Finley
...State v. Strong, 153 Mo. 548, 55 S. W. 78; State v. McKinzie, 102 Mo. 620, 15 S. W. 149; State v. Andrew, 76 Mo. 101; State v. Skaggs, 159 Mo. 581, 60 S. W. 1048. These cases lend some color to defendant's contention; but they do not justify a reversal in this case, for the reason that defe......
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State v. Brinkley, No. 39557.
...625; State v. Burnett, 188 S.W. (2d) 51. (25) The heat of passion that produces lawful provocation ought to be defined. State v. Skaggs, 159 Mo. 581, 60 S.W. 1048; State v. McKinzie, 102 Mo. l.c. 627; State v. Umfried, 76 Mo. l.c. 407; State v. Gieseke, 209 Mo. 331, 108 S.W. 525; State v. G......
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State v. Foster, No. 39962.
...v. McKinzie, 102 Mo. 620, 15 S.W. 149. (33) The heat of passion that produces lawful provocation ought to be defined. State v. Skaggs, 159 Mo. 581, 60 S.W. 1048; State v. McKinzie, 102 Mo. l.c. 627; State v. Umfried, 76 Mo. l.c. 407; State v. Gieseke, 209 Mo. 331, 108 S.W. 525. (34) An inst......
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State v. McGuire, No. 31068.
...the duty of the court on request to prepare and give an instruction correctly covering the matter involved. 16 C.J. 966; State v. Skaggs, 159 Mo. 581; State v. McLain, 159 Mo. 340; State v. Reed, 154 Mo. 123; State v. Strong, 153 Mo. 548. (8) Where there is only circumstantial evidence of t......
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State v. Finley
...State v. Strong, 153 Mo. 548, 55 S. W. 78; State v. McKinzie, 102 Mo. 620, 15 S. W. 149; State v. Andrew, 76 Mo. 101; State v. Skaggs, 159 Mo. 581, 60 S. W. 1048. These cases lend some color to defendant's contention; but they do not justify a reversal in this case, for the reason that defe......