State v. Hollingsworth
Supreme Court of Missouri
Appeal from Jackson County Criminal Court. — Hon. John W. Wofford, Judge. (1) Instruction numbered ten given for the State, constitutes -reversible error. It is -the exact counterpart of an instruction recently condemned by this court upon which, alone, reversal was ordered. State v. Hudspeth, 150 Mo. 28. (2) Instruction numbered nine was clearly erroneous.
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Appeal from Jackson County Criminal Court. — Hon. John W. Wofford, Judge. (1) Instruction numbered ten given for the State, constitutes -reversible error. It is -the exact counterpart of an instruction recently condemned by this court upon which, alone, reversal was ordered. State v. Hudspeth, 150 Mo. 28. (2) Instruction numbered nine was clearly erroneous. “It imposed upon defendant the duty of determining, with absolute certainty, what force was necessary to- be used in resisting the assault.” State v. Harper, 149 Mo. 527; State v. Eose, 142 Mo. 428; State v. Mathews, 148 Mo. 193; State v.…
1Opinion of the CourtGantt, P. J.
On tbe 17th of June, 1898, Elwood Hollingsworth, tbe defendant, was engaged in tbe dairy business near Kansas City. He rented the premises in which the homicide hereinafter mentioned took place, from Alex. Schwab. Defendant owned the stable building, having bought it from one George Etom. His lease secured to him the privilege of removing the building at tbe termination of bis lease. It began March 1, 1897, and ran for one year at eight dollars per month, payable, at tbe end of each month. At the expiration of tbe year tbis arrangement by mutual agreement continued and defendant bad paid for…
2Cases cited11 opinions
- State v. StarrSupreme Court of Missouri · 1866
- State v. PalmerSupreme Court of Missouri · 1886
- State v. EatonSupreme Court of Missouri · 1882
- State v. JohnsonSupreme Court of Missouri · 1882
- State v. BaileySupreme Court of Missouri · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WilliamsSupreme Court of Missouri · 1935
- State v. DarlingSupreme Court of Missouri · 1907
- State v. HopkinsSupreme Court of Missouri · 1919
- State v. RobertsSupreme Court of Missouri · 1920
- Clay v. StateWyoming Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.