State v. Skaggs

CourtUnited States State Supreme Court of Missouri
Writing for the CourtSherwood
Citation159 Mo. 581,60 S.W. 1048
Decision Date12 February 1901
PartiesSTATE v. SKAGGS.
60 S.W. 1048
159 Mo. 581
STATE
v.
SKAGGS.
Supreme Court of Missouri, Division No. 2.
February 12, 1901.

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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9 practice notes
  • State v. Brinkley, No. 39557.
    • United States
    • Missouri Supreme Court
    • March 11, 1946
    ...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......
  • State v. Foster, No. 39962.
    • United States
    • United States State Supreme Court of Missouri
    • October 14, 1946
    ...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......
  • State v. McGuire, No. 31068.
    • United States
    • United States State Supreme Court of Missouri
    • June 5, 1931
    ...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......
  • State v. Finley
    • United States
    • United States State Supreme Court of Missouri
    • November 13, 1912
    ...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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9 cases
  • State v. Brinkley, No. 39557.
    • United States
    • Missouri Supreme Court
    • March 11, 1946
    ...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......
  • State v. Foster, No. 39962.
    • United States
    • United States State Supreme Court of Missouri
    • October 14, 1946
    ...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......
  • State v. McGuire, No. 31068.
    • United States
    • United States State Supreme Court of Missouri
    • June 5, 1931
    ...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......
  • State v. Finley
    • United States
    • United States State Supreme Court of Missouri
    • November 13, 1912
    ...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......
  • Request a trial to view additional results

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