State v. Stubblefield
Supreme Court of Missouri
Appeal from Shannon Circuit Court . — Eon. W. N. Evans, Judge. It is a well settled rule of law, both in criminal and civil cases, that an instruction which purports to cover the whole case and directs a finding must embrace all the issues and the law applicable to them.
Read the full summary
Appeal from Shannon Circuit Court . — Eon. W. N. Evans, Judge. It is a well settled rule of law, both in criminal and civil cases, that an instruction which purports to cover the whole case and directs a finding must embrace all the issues and the law applicable to them. It is but a corollary of this proposition that such an instruction in a criminal proceeding must not ignore any essential element of the offense charged, and that it cannot be pieced out by the contents of other instructions. State v. Helton, 234 Mo. 564, and cases cited. Appellant contends that the court erred in giving…
1Opinion of the Court
BLAIR, C.
— Convicted in the circuit court of Shannon county of assault with intent to kill and sen*529tenced to two years in the penitentiary, defendant appealed.
The offense was charged to have been committed September 11, 1909, in Shannon county. The injured person was one W. J. Vaughan. The trouble occurred at a picnic.
According to the testimony of some of the witnesses for the State, defendant, prior to the assault alleged, had said to Vaughan: “I want to make friends with you; I don’t want to have any trouble,” and Vaughan said, “No,” and the two walked away together. Later in the day Vaughan…
2Cases cited9 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- Roberts v. PeopleMichigan Supreme Court · 1870
- People v. MizeCalifornia Supreme Court · 1889
- Patterson v. StateSupreme Court of Georgia · 1890
- State v. DolanWashington Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. ChevlinSupreme Court of Missouri · 1955
- State v. HendersonSupreme Court of Missouri · 1947
- State v. WinnSupreme Court of Missouri · 1959
- State v. CooperSupreme Court of Missouri · 1948
- State v. CookSupreme Court of Missouri · 1968
7 more not listed; retrieve them via the Exa API.