State v. Rogers
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — IIón. W. 8. G. Walker, Judge. (1) The law of self-defense does-imply the right of attack. State v. McDonald, 57 Mo. 13; State v. Matthews, 148 Mo. 193; 25 Am. & Eng. Ency. Law (2 Ed.), 274 et seq. (2) The instruction on self-defense is inconsistent and misleading.
Read the full summary
Appeal from Dunklin Circuit Court. — IIón. W. 8. G. Walker, Judge. (1) The law of self-defense does-imply the right of attack. State v. McDonald, 57 Mo. 13; State v. Matthews, 148 Mo. 193; 25 Am. & Eng. Ency. Law (2 Ed.), 274 et seq. (2) The instruction on self-defense is inconsistent and misleading. The court states in positive and unequivocal terms that the law of self-defense does not imply the right of attack, hut follows this statement of the law with the negative statement of the proposition that the law of self-defense does imply, under certain circumstances, the right of attack. The…
1Opinion of the CourtBrown, P. J.
Charged with murder and convicted of manslaughter, defendant appeals from a judgment of the circuit court of Dunklin county fixing his punishment at two years in the penitentiary.
Defendant shot and killed one A. J. Lovins at a farm occupied by Thomas Walls, in Dunklin county, on Sunday, June 23, 1912. The circumstances surrounding and leading up to this tragedy were as follows :
In the early part of the year 1912, the defendant was hired to Thomas Walls as a farm hand. The family of Walls consisted of his wife, stepdaughter and three sons, Elmer, Jack and Tommie, all grown, or nearly grown.…
Also in this document: Concurrence.
2Cases cited9 opinions
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. PorterSupreme Court of Missouri · 1908
- State v. BaileySupreme Court of Missouri · 1905
- State v. MatthewsSupreme Court of Missouri · 1899
- State v. McKenzieSupreme Court of Missouri · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. HartSupreme Court of Missouri · 1922
- Compsource Mut. Ins. Co. v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 2018
- State ex inf. Conkling v. SweaneySupreme Court of Missouri · 1917
- COMPSOURCE MUTUAL INSUR. CO. v. STATE ex rel. OKLA. TAX COMM. and OKLA. ASSOC. OF ELECTRIC SELF INSURERS FUND v. STATE OF OKLA. TAX COMM.Supreme Court of Oklahoma · 2018
- General Installation Company v. University CitySupreme Court of Missouri · 1964
16 more not listed; retrieve them via the Exa API.