State v. Heath
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston, Judge. (1) Upon the evidence of provocation by violence from deceased at the time and place of the shooting, defendant was clearly entitled to at least an instruction authorizing the finding of a verdict of manslaughter of the fourth degree.
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Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston, Judge. (1) Upon the evidence of provocation by violence from deceased at the time and place of the shooting, defendant was clearly entitled to at least an instruction authorizing the finding of a verdict of manslaughter of the fourth degree. State v. Sebastian, 215 Mo. 58; State v. Darling, 199 Mo. 197; State v. Weakley, 178 Mo. 423. (2) The .fact that defendant may have first begun or entered into the difficulty with an intent to kill Mosier, did not deprive him of the right to withdraw from the conflict or attempt to do so in good…
1Opinion of the CourtFox, J.
This cause is now pending before this court upon appeal by the defendant from a judgment of the circuit court of Lawrence county, Missouri, convicting him of murder of the second degree.
On the 5th day of August, 1907, the prosecuting attorney of McDonald county filed in the circuit court of that county an information, duly verified, charging the defendant with the murder of Clarence Mosier, which information, omitting formal parts, was as follows:
“Joseph S. Long, prosecuting attorney within and for the county of McDonald and State of Missouri, under his oath of office and on his knowledge,…
2Cases cited18 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. WienersSupreme Court of Missouri · 1877
- State v. CurtisSupreme Court of Missouri · 1879
- State v. EllisSupreme Court of Missouri · 1881
- State v. BranstetterSupreme Court of Missouri · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. CreightonSupreme Court of Missouri · 1932
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. StallingsSupreme Court of Missouri · 1930
- State v. ChamineakSupreme Court of Missouri · 1961
- State v. BrookshireSupreme Court of Missouri · 1963
15 more not listed; retrieve them via the Exa API.