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State v. Shock

Supreme Court of Missouri
68 Mo. 552 (1878)


Facts

  At the time of this case, the Missouri felony murder statute provided that a homicide constituted first degree murder when committed during the course of certain named felonies or any “other felony.” Shock (defendant) beat a young boy with a fishing pole and a grapevine for about fifteen minutes, covering the boy’s head with bruises, beating his back severely, and fracturing his skull. After the boy died from the beating, Shock was charged with first degree murder. At Sharp’s trial in the circuit court, the court instructed the jury that, even if Shock did not intend to kill the boy, he was guilty of first degree murder if he intended to inflict great bodily harm. Shock was convicted of first degree murder and appealed to the Supreme Court of Missouri.

Rule of Law

Issue

Holding and Reasoning (Hough, J.)

Concurrence (Henry, J.)

Dissent (Norton, J.)

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