State v. Fraga
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Robt. M. Foster, Judge. The court failed to instruct the jury on the law governing self-defense. This the court should have done, even though there was no testimony to justify such instruction except that of the defendant alone.
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Appeal from St. Louis City Circuit Court. — How. Robt. M. Foster, Judge. The court failed to instruct the jury on the law governing self-defense. This the court should have done, even though there was no testimony to justify such instruction except that of the defendant alone. State v. Palmer, 88 Mo. 573; State v. Partlow, 90 Mo. 626; State v. Banks, 73 Mo. 592; State v. Brown, 104 Mo. 373; State v. Hollingsworth, 156 Mo. 178; State v. Fredericks & Langan, 136 Mo. 51. The court did not err in failing to instruct the jury on the law of self-defense. (1) “The law of self-defense is the law of…
1Opinion of the CourtBurgess, P. J.
Under an information duly filed by the circuit attorney of the city of St. Louis, in the circuit court of said city, charging the defendant with murder in the second degree for shooting to death with a pistol one Julia Lamm at said city on the 2nd day of October, 1904, the defendant was found guilty of the offense charged and his punishment fixed at imprisonment in the penitentiary for ten years. He appeals.
The facts as stated by the State are substantially as follows:
Defendant, Charles Praga, at the time of the homicide, was living in a rented room in the rear of the basement of a rooming…
2Cases cited7 opinions
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. DettmerSupreme Court of Missouri · 1894
- State v. NelsonSupreme Court of Missouri · 1893
- State v. PollardSupreme Court of Missouri · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. SherrillMissouri Court of Appeals · 1973
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- State v. RobertsSupreme Court of Missouri · 1922
- State v. WeinhardtSupreme Court of Missouri · 1913
- State v. ArnoldSupreme Court of Missouri · 1907
5 more not listed; retrieve them via the Exa API.