State v. Arnett
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. James E. Withrow, Judge. The defendant specifically asked for an instruction on the doctrine of self-defense.
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Appeal from St. Louis City Circuit Court. — Now. James E. Withrow, Judge. The defendant specifically asked for an instruction on the doctrine of self-defense. This was in full accordance with the theory upon which the case was tried, namely, that if the evidence did tend to show that defendant had exhibited a dangerous weapon, in a rude, angry and threatening manner, he did so under a fear of immediate and imminent danger to himself from the prosecuting witness, who (as the evidence showed) had an open knife in his hand and with which he was cutting at defendant. The court in refusing the…
1Opinion of the Court
FARIS, J. —
Defendant was tried in the circuit court of the city of St. Louis upon an indictment containing two counts, the first of which charged him with carrying a concealed weapon, to-wit, a revolver, and the second thereof with having exhibited such weapon in a rude, angry and threatening manner, in the presence of divers persons named in the indictment. Being put upon his trial the court nisi, at the conclusion of all the evidence, instructed the jury to find the defendant not guilty on the first count in the indictment, but sent the case to the jury upon the second count. The jury found…
2Cases cited5 opinions
- State v. PorterSupreme Court of Missouri · 1908
- State v. BidstrupSupreme Court of Missouri · 1911
- State v. McKinzieSupreme Court of Missouri · 1890
- State v. WeinhardtSupreme Court of Missouri · 1913
- State v. FredericksSupreme Court of Missouri · 1896
3Cited by3 opinions
- State v. FinkelsteinSupreme Court of Missouri · 1917
- State v. RuffinMissouri Court of Appeals · 1976
- State v. ColeMissouri Court of Appeals · 1974