State v. Burton
Supreme Court of Kansas
Appeal from Marion district court; O. L. Moore, judge. STATEMENT. Appellant was convicted of murder in tbe first degree. At tbe trial he justified on the ground of self-defense. The appellant, Burton, went to Marion county in the spring of 1900, to work at his trade as a painter. He was an unmarried man, and boarded at Drake’s restaurant, in the city of Marion. He secured work in the country, about ten miles east of that town, at house-painting for farmers in the vicinity.
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Appeal from Marion district court; O. L. Moore, judge. STATEMENT. Appellant was convicted of murder in tbe first degree. At tbe trial he justified on the ground of self-defense. The appellant, Burton, went to Marion county in the spring of 1900, to work at his trade as a painter. He was an unmarried man, and boarded at Drake’s restaurant, in the city of Marion. He secured work in the country, about ten miles east of that town, at house-painting for farmers in the vicinity. He painted the dwelling-house of Charles Doty, and while doing this work he boarded and lodged at the Doty house. The…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
a. Question oi rry In justification of the homicide the appellant relied wholly on the necessity for self-defense. The state was permitted to show at the trial that Jessie Doty was engaged to be married to Hoffman, and that appellant knew it; that the latter sought her company and invited her to attend certain entertainments with him, and that he told her that Hoffman did not intend to marry her but would deceive her. ‘ This testimony was admitted on the theory that Hoffman was an obstacle in the way of the motivo. consummation of appellant’s…
2Cases cited5 opinions
- People v. PowellCalifornia Supreme Court · 1891
- State v. CushingWashington Supreme Court · 1896
- Wilson v. StateSupreme Court of Florida · 1892
- State v. LullSupreme Court of Vermont · 1876
- State v. HowardSupreme Court of Kansas · 1875
3Cited by18 opinions
- State v. HoustonSupreme Court of Kansas · 2009
- State v. SperrySupreme Court of Kansas · 1999
- Mulkey v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Rogers v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Mortimore v. StateWyoming Supreme Court · 1916
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