¶1Dissenting, — Whether error was or not committed by the trial court in not instructing the jury as to some lower grade of homicide than murder in the first degree, was a matter of exception, and as the attention of the trial court was not pointedly and specifically called to the alleged error either in the motion for new trial or in arrest of judgment, it cannot be raised in this court for the first time, and we have no power to reverse a judgment in a matter of alleged error not excepted to-in the trial court, and to which the attention of said court was not called. Eor this reason I do not concur in reversing the judgment.
73 Mo. 592
State v. Banks
Decided April 15, 1881
Supreme Court of Missouri · decided 1881-04-15
Louis Court of Appeals. Defendant was indicted for murder in the first degree in killing his wife, Annie Banks. She had refused to live with him any longer, alleging cruel treatment, and had obtained employment as a domestic servant. He had insisted upon her returning to him, and, there was evidence tending to show, had threatened to kill her if she did not. There was also other evidence tending to identify defendant as the person who did the killing.
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1881-04-15
How this case has been cited
Cited by 36 later decisions — most recently February 1961 · most notably State v. Brooks (1887), State v. Taylor (1893)
1 federal appellate · 32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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