State v. Skaggs
| Decision Date | 12 February 1901 |
| Citation | 159 Mo. 581,60 S.W. 1048 |
| Parties | STATE v. SKAGGS. |
| Court | Missouri Supreme Court |
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.
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, 39557.
... ... 473, 267 S.W. 850; State v. Turner, 246 Mo. 598, 152 S.W. 313; State v. Umfried, 76 Mo. 404; State v. Rose, 74 Mo. 213; State v. Havens, 177 S.W. (2d) 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. Gore, 292 Mo. 173, 237 S.W. 993, to the contrary, was questioned in State v. Gadwood, 116 S.W. (2d) 42, 58-59, and may be considered overruled by ... ...
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State v. Foster
... ... Ellis, 70 Mo. 207; State v ... Vansant, 80 Mo. 67; State v. Heath, 221 Mo ... 565, 121 S.W. 149; State v. Connor, 252 S.W. 713; ... State 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 instruction on ... self-defense must declare principle defendant has the right ... to act upon appearances, even though ... ...
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State v. Brinkley
... ... Turner, 246 Mo ... 598, 152 S.W. 313; State v. Umfried, 76 Mo. 404; ... State v. Rose, 74 Mo. 213; State v. Havens, ... 177 S.W.2d 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 ... Gore, 292 Mo. 173, 237 S.W. 993, to the contrary, was ... questioned in State v. Gadwood, 116 S.W.2d 42, ... ...
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State v. McGuire
... ... If the instruction offered by the defendant is not correct ... and is refused by the court it is 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 the ... commission of the crime or any integral element thereof, it ... is error for the court to refuse an instruction on ... ...