148 Mo. 488 | Mo. | 1899
In March, 1898, defendant was convicted in the circuit court of the city of St. Louis of murder in the first degree,and his punishment fixed at death for having on the twenty-fifth day of July, 1891, at said city shot and killed with a pistol one George Horton. The defenses were insanity and self-defense. Erom the judgment and sentence defendant appeals.
At about 5:30 o’clock on Sunday evening, July 25, 1891, the deceased was sitting in the office of George Bell, a ticket broker at No. 1813A Market street in the city of St. Louis, where he was employed and in charge of the office at the time, when the defendant and another negro approached the front door, and defendant inquired of 0. R. Bell, another employee in the office, for George Horton, and being informed that he was in the office, defendant walked in, while the other negro remained outside on the street, and approached Horton who was then sitting upon a stool reading a newspaper, and said to him, “Where do you live ?” In answer to which, Horton asked, “Who wants to know ?” Defendant replied, “You tell me where you live and I’ll tell you who wants to know.” Horton then said, “I won’t tell you anything, I don’t want you spying on me at all. I want you to let my business alone.” Some other words of a similar character occurred between the parties when deceased ordered defendant out of the house, and upon his refusal to go; struck him in the mouth with his fist when they grappled and fell to the floor, Horton being on top. Defendant then said to Horton, “Let
The court instructed for murder in the first and second degrees, self-defense and insanity.
In the motion and supplemental motion filed by defendant for a new trial, fifteen grounds are assigned, many of which are entirely without merit, and only such as seem to us to be meritorious will be passed upon, or further noticed. Of these the sixth, seventh, eighth and ninth will be considered together. In them it is asserted that the court misdirected the jury in regard to material matters; erred in giving of its own motion improper and illegal instructions; in refusing to give legal and proper instructions asked by defendant, and in not giving instructions covering all the law of the case.
The instructions which were given were evidently prepared with much care, covered every feature of the case in so far as we are able to discover from a careful reading of them, and free from objection. They are very fair indeed to the defendant upon the real issues in the case, but in addition thereto they presented to the jury the questions of insanity and self-defense, upon wMch it is very doubtful in our minds if there was any evidence upon which to predicate them.
The instruction upon self-defense was evidently given upon defendant’s testimony to the effect that when
But if the instructions upon these theories of the case are erroneous, they are errors in favor of defendant, and of which he has no right to complain.
So that there was no error in giving, refusing, or failing to' give instructions as asserted by defendant.
After the evidence was closed, but before the case was submitted to the jury defendant moved the court that the jury be taken to the room where the homicide is alleged to have been committed, to make a personal inspection of it, which was denied, and this also is one of the grounds assigned in the motion for new trial. In the absence of statutory enactment providing for such a course there is no authority in the trial of a criminal case for a view of the premises where the crime is alleged to have been committed (12 Am. and Eng. Ency. of Law, 368), and even when the view is authorized by statute it rests altogether in the sound discretion of the court. [Ib. 369.]
Tbe indictment is in form often approved by this court, and free from objection.
Finding no reversible error in the record, we affirm tbe judgment and direct tbe sentence of tbe court to be executed.