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10 Missouri opinions name it 2 courts 1944–1986 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 |
|---|---|---|
State v. Haygoodgreen1 sentence1981See also State v. Haygood, 411 S.W.2d 230 (Mo.1967). | 1 | 1 |
State v. Crowleygreen2 sentences1944State v. Crowley, 345 Mo. 1177, 1182 (I), 139 S. W. (2d) 473, 475 . 1944State v. Crowley, 345 Mo. 1177, 1182 (I), 139 S. W. (2d) 473, 475 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Smith
neutral
2 sentences1977State v. Williams, 545 S.W.2d 342 (Mo.App.St.L.Dist.1976); State v. Merritt, 540 S.W.2d 183 (Mo.App.1976); State v. Smith, 539 S.W.2d 571 (Mo.App.1976). 1976State v. Browning, supra; State v. Smith, supra; State v. Cook, supra. We find that under the facts of this case an excusable homicide instruction was not required. | 3 | 1976–1977 |
State v. Cook
green
2 sentences1976State v. Browning, supra; State v. Smith, supra; State v. Cook, supra. We find that under the facts of this case an excusable homicide instruction was not required. 1976State v. Browning, supra; State v. Smith, supra; State v. Cook, supra. We find that under the facts of this case an excusable homicide instruction was not required. | 3 | 1976–1976 |
State v. Williams
green
2 sentences1986Id. 1986Id. | 2 | 1977–1986 |
State v. Merritt
green
2 sentences1983In the original appeal of his murder conviction, the sole issue raised was “that the trial court erred in failing to submit an excusable homicide instruction.” Merritt, 540 S.W.2d at 184 . 1977State v. Williams, 545 S.W.2d 342 (Mo.App.St.L.Dist.1976); State v. Merritt, 540 S.W.2d 183 (Mo.App.1976); State v. Smith, 539 S.W.2d 571 (Mo.App.1976). | 2 | 1977–1983 |
State v. Randolph
green
2 sentences1981In State v. Randolph, supra, the Supreme Court held that the failure to give an excusable homicide instruction was “plain error” requiring reversal. 1979State v. Gotthardt, supra. See also State v. Randolph, 496 S.W.2d 257 (Mo. banc 1973) where it was held that the omission of an excusable homicide instruction in a second degree murder case constituted reversible plain error, even though the defendant did not present evidence on the issue of accidental killing, did not request an instruction on that issue, and failed to assert error, by reason of refusal of such an instruction, in his motion for new trial. | 2 | 1979–1981 |
State v. Browning
green
2 sentences1976State v. Browning, supra; State v. Smith, supra; State v. Cook, supra. We find that under the facts of this case an excusable homicide instruction was not required. 1976State v. Browning, supra; State v. Smith, supra; State v. Cook, supra. We find that under the facts of this case an excusable homicide instruction was not required. | 2 | 1976–1976 |
State v. Thomas
green
2 sentences1976Rule 27.20 V.A.M.R.; State v. Thomas, 530 S.W.2d 265 (Mo.App.1975). 1976Rule 27.20 V.A.M.R.; State v. Thomas, 530 S.W.2d 265 (Mo.App.1975). | 2 | 1976–1976 |
State v. Gotthardt
green
1 sentence1979State v. Gotthardt, supra. See also State v. Randolph, 496 S.W.2d 257 (Mo. banc 1973) where it was held that the omission of an excusable homicide instruction in a second degree murder case constituted reversible plain error, even though the defendant did not present evidence on the issue of accidental killing, did not request an instruction on that issue, and failed to assert error, by reason of refusal of such an instruction, in his motion for new trial. | 1 | 1979–1979 |
State v. Sanders
green
1 sentence1979In the more recent case of State v. Sanders, 541 S.W.2d 530 (Mo. banc 1976), the defendant’s motion for new trial alleged “It was error for the Court to deny defendant’s request for Instruction A because it was warranted by the evidence.” After extensive quotation from Cheek the court said: “In the case before us there was no indication whatever in the assignments as to the facts in evidence that would have supported the giving of an excusable homicide instruction. | 1 | 1979–1979 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.