State v. Davidson
Supreme Court of Missouri
Appeal from Shannon Circuit Court— Hon.. J.. R_. Woodside, Judge.. (1) There is no evidence to show that' the defendant,, by act or word, sought, brought on, or voluntarily entered into, the difficulty which resulted in the death of deceased. • (2) The instructions based on the doctrine-of self-defence did not rightly state the' law.
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Appeal from Shannon Circuit Court— Hon.. J.. R_. Woodside, Judge.. (1) There is no evidence to show that' the defendant,, by act or word, sought, brought on, or voluntarily entered into, the difficulty which resulted in the death of deceased. • (2) The instructions based on the doctrine-of self-defence did not rightly state the' law. State v. Shultz, 24 Mo. 128 ; State v. Starr, 38 Mo. 270 ; State Brown, 63 Mo. 439 ; State v. Culler, 82 Mo. 138; Stale v. Partlow, 90 Mo. 608. (1) No objections were made or exceptions saved t,o the admission or exclusion of any evidence, and it will not be…
1Opinion of the CourtBlack, J.
The defendant, upon an indictment for murder in the second degree for killing one Langston, was convicted of manslaughter in the fourth degree. The accused relied upon the plea of self-defence. Instructions were given by the court at his request upon that subject. The court, at the.instance of the state, gave two instructions upon the same subject, and of these defendant complains. These two instructions are as follows:
■ “The law of self-defence does not imply the right of attack, nor does it permit of acts done in retaliation, or for revenge; therefore, if you believe from the evidence that…
2Cases cited3 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- Adams v. PeopleIllinois Supreme Court · 1868
- State v. BluntSupreme Court of Missouri · 1887
3Cited by5 opinions
- Espy v. StateWyoming Supreme Court · 1939
- State v. FullerSupreme Court of Missouri · 1957
- Davis v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- State v. RyanMissouri Court of Appeals · 1973
- State v. ShortSupreme Court of Louisiana · 1908