State v. Walker
Supreme Court of Missouri
Appeal from Ozark Circuit Court.—How. Jno. T. Moore, Judge. (1) There is no evidence, fact or circumstance in the whole case upon which a conviction can stand. The evidence, both for the State and for defendant, makes out a complete, absolute, perfect case of self-defense.
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Appeal from Ozark Circuit Court.—How. Jno. T. Moore, Judge. (1) There is no evidence, fact or circumstance in the whole case upon which a conviction can stand. The evidence, both for the State and for defendant, makes out a complete, absolute, perfect case of self-defense. (2) We challenge the State to find in this record one iota of evidence, any fact or circumstance, that would in the remotest degree authorize or justify the giving of the qualified instructions on self-defense. The giving of these instructions, whatever view the court may take of the case, is palpable and inexcusable error.…
1Opinion of the CourtGantt, J.
At the August term, 1905, of the Ozark Circuit Court, the prosecuting attorney .within and for said county filed an information charging the defendant Walker' with murder, in the first degree, of one Guy T. Harrison, at the said county, on the 21st day of July, 1905. The defendant was arrested and duly arraigned, and at the same term was put upon his trial, and was convicted of murder in the second degree, and his punishment assessed at ten years in the state penitentiary. From the conviction and sentence he appeals to this court.
The evidence on behalf of the State tended to prove that the…
2Cited by2 opinions
- State v. WhiteMissouri Court of Appeals · 1987
- Johnson v. DailyMissouri Court of Appeals · 1909