State v. Skaggs

Supreme Court of Missouri

State v. Skaggs

60 S.W. 1048, 159 Mo. 581, 1901 Mo. LEXIS 20

CourtSupreme Court of Missouri

DecidedFebruary 12, 1901

StatusPublished

Cited by3 cases

This text of 60 S.W. 1048 (State v. Skaggs) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Skaggs, 60 S.W. 1048, 159 Mo. 581, 1901 Mo. LEXIS 20 (Mo. 1901).

Pincite

Opinion

SHERWOOD, P. J.

This prosecution originated in a oharge 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 induced 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, 55 S. W. 78 and cases cited.] Therefore, judgment reversed and cause remanded.

All concur.

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