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6 Missouri opinions name it 2 courts 1987–2018 0 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in Missouri. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Hart
green
2 sentences2018Id. 2017If section 565.008 is void, the trial court must vacate the jury’s verdict finding Mr, Carr guilty of capital murder under section 565.001 and enter a new finding that he is guilty of murder in the second degree under section 565.004. 8 Id. | 4 | 2017–2018 |
State v. Mannon
green
2 sentences1990On the other hand, in State v. Mannon, 637 S.W.2d 674 (Mo. banc 1982), the Missouri Supreme Court held that the elements of second degree murder under § 565.004 (1978) were “the (1) willful, (2) premeditated, (3) killing (4) of a human being (5) with malice aforethought.” Mannon, 637 S.W.2d at 678 . 1990On the other hand, in State v. Mannon, 637 S.W.2d 674 (Mo. banc 1982), the Missouri Supreme Court held that the elements of second degree murder under § 565.004 (1978) were “the (1) willful, (2) premeditated, (3) killing (4) of a human being (5) with malice aforethought.” Mannon, 637 S.W.2d at 678 . | 1 | 1990–1990 |
Messick v. Grainger
green
2 sentences1987Messick v. Grainger, 356 Mo. 1227, 205 S.W.2d 739 , 741 — 42[2] (1947); State ex rel. 1987Messick v. Grainger, 356 Mo. 1227, 205 S.W.2d 739 , 741 — 42[2] (1947); State ex rel. | 1 | 1987–1987 |
State v. Franco
green
1 sentence1987Thus, murder in the second degree, as proscribed by § 565.004, RSMo 1978, consisted of the elements enumerated in Mannon and Franco, supra. If the General Assembly, when it enacted § 565.021, RSMo Cum.Supp.1984, had intended that the crime of murder in the second degree as proscribed therein comprise the same elements as murder in the second degree under § 565.004, RSMo 1978, the General Assembly would have needed only to reenact the latter section in its existing form, inasmuch as the General Assembly, in reenacting a statute in the form in which it previously existed, is presumed to have ado | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.