State v. Smith
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Benjamin J. Casteel, Esq., Special Judge. The sixth instruction given by the court and referred to in the opinion is as follows: “6. You are further instructed that the defendant had no right to provoke the difficulty with Cook or put himself in the way of being assaulted for the purpose of stabbing or killing said Cook; and if you believe from the evidence that defendant invited and brought on the difficulty with Cook for the purpose…
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Appeal from Buchanan Criminal Court. — Benjamin J. Casteel, Esq., Special Judge. The sixth instruction given by the court and referred to in the opinion is as follows: “6. You are further instructed that the defendant had no right to provoke the difficulty with Cook or put himself in the way of being assaulted for the purpose of stabbing or killing said Cook; and if you believe from the evidence that defendant invited and brought on the difficulty with Cook for the purpose of stabbing Cook, then there is no self-defense in the case and you can not acquit him on that ground.” (1) The evidence…
1Opinion of the CourtGantt, P. J.
The defendant in this case was charged with an assault with intent to kill Charles Cook, in the city of St. Joseph, on the second day of November, 1892.
Charles Cook, the prosecuting witness, was a blacksmith in the employment of one Cannon as a horseshoer. The defendant had, previous to the altercation with Cook, been in the employment of William Tullar, but had either quit voluntarily or been discharged and on the second day of November, 1892, had come to Tullar’s office, ¿djoining the shop, to make a settlement with Tullar, who had that day sold the shop to Cannon. While there, Cook, who…
2Cited by17 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- State v. DonnellySupreme Court of Missouri · 1895
- State v. BlitzMissouri Court of Appeals · 1903
- State v. PrendibleSupreme Court of Missouri · 1901
- State v. WeedenSupreme Court of Missouri · 1896
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