State v. Howard
Supreme Court of Kansas
Appeal from Doniphcm District Court. Howard was charged by information with assault with intent to kill one James Collier. Trial and conviction at the March Term, 1874. The instruction complained of is copied in the opinion, infra. Howard brings'the case here on appeal. We ask the attention of the court to the 5th instruction for the state.
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Appeal from Doniphcm District Court. Howard was charged by information with assault with intent to kill one James Collier. Trial and conviction at the March Term, 1874. The instruction complained of is copied in the opinion, infra. Howard brings'the case here on appeal. We ask the attention of the court to the 5th instruction for the state. We do not think that the law is, that a man cannot be justified in shooting another unless there is reasonable ground to believe there is a design to do great bodily harm, and that such design must be so apparent as to induce a belief of it in the mind of…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant was convicted in the district court of Doniphan county under an information charging an assault with intent to kill. There was no dispute but that Howard shot the prosecuting witness, but the claim was, that such shooting was in self-defense. Upon this question, at the instance of the state, the court gave the following instruction:
“The shooting by the prisoner at Collier would be justified, under our laws, only in case it was committed by the prisoner .when there was reasonable ground to apprehend a design to do him great bodily…
2Cases cited1 opinion
- Horne v. StateSupreme Court of Kansas · 1862
3Cited by6 opinions
- State v. BohanSupreme Court of Kansas · 1877
- State v. BurtonSupreme Court of Kansas · 1901
- State v. KellySupreme Court of Kansas · 1930
- Glahn v. MastinSupreme Court of Kansas · 1924
- State v. ScottSupreme Court of Kansas · 1880
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