State v. Pettit
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The verdict is contrary to the evidence. The testimony of every person who saw the commencement of the difficulty, clearly shows that it was a justifiable homicide. "When the evidence is so conclusive upon that question as in this case, this court should reverse the judgment' even if other errors did not intervene.
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Appeal from Daviess Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The verdict is contrary to the evidence. The testimony of every person who saw the commencement of the difficulty, clearly shows that it was a justifiable homicide. "When the evidence is so conclusive upon that question as in this case, this court should reverse the judgment' even if other errors did not intervene. State v. Paclmoocl, 26 Mo. 340; State v. Primm, 98 Mo. 373; State v. Castor, 93 Mo. 242; State v. Jaeger, 66 Mo. 173; State v. Brossius, 39 Mo. 534; State v'. Daubert, 42 Mo. 238; State v. Mansfield, 41 Mo. 470;…
1Opinion of the CourtBurgess, J.
Defendant was indicted in the circuit court of Gentry county, for murder in the first degree in killing with a pistol one David Mize. The venue on application of defendant was changed to the circuit court of Daviess county, where a trial was had and defendant convicted of manslaughter in the third degree. The case is here by appeal.
At the time of the homicide the defendant was . city marshal of the city of Stanberry, where it occurred. There had been bad blood between the parties for some time, and they had made threats against each other. The defendant and one of his witnesses testified that…
2Cases cited6 opinions
- State v. CurtisSupreme Court of Missouri · 1879
- State v. TalmageSupreme Court of Missouri · 1891
- State v. WatsonSupreme Court of Missouri · 1888
- State v. EdwardsSupreme Court of Missouri · 1879
- State v. DunnSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. NoctonSupreme Court of Missouri · 1894
- State v. McLaughlinSupreme Court of Missouri · 1899
- State v. FeeleySupreme Court of Missouri · 1906
- State v. VinsoMissouri Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.