State v. Heath
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston, Judge. (1) No futile attempt to withdraw, or strenuous endeavor to recede and decline further struggle, could avail defendant anything whatever under the terms of instruction 10. It is an undeniable fact, that the heat of conflict was such that notwithstanding any manifest attempt of defendant to withdraw and flee, no one can say that there was an appreciable cessation of the difficulty in any bystander’s view-no…
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Appeal from Lawrence Circuit Court. — Hon. F. C. Johnston, Judge. (1) No futile attempt to withdraw, or strenuous endeavor to recede and decline further struggle, could avail defendant anything whatever under the terms of instruction 10. It is an undeniable fact, that the heat of conflict was such that notwithstanding any manifest attempt of defendant to withdraw and flee, no one can say that there was an appreciable cessation of the difficulty in any bystander’s view-no moment of distinct withdrawal in fact as defendant receded and his antagonist advanced with knife or pursued with stone.…
1Opinion of the Court
ROY, C.
This is a prosecution for murder. The defendant was convicted in August, 1907, in the Lawrence Circuit Court, of murder in the second degree, and 'on appeal the judgment was reversed and remanded by this court in an opinion by Judge Fox, reported in 221 Mo. 565. On a retrial in December, 1909, the defendant was convicted of murder in the first degree and sentenced to imprisonment in the penitentiary for life.
A full and clear statement of the facts appearing on the first trial appears in connection with the opinion on the former appeal, and counsel for defendant here concede that it is…
2Cases cited3 opinions
- State v. HeathSupreme Court of Missouri · 1909
- State v. CableSupreme Court of Missouri · 1893
- State v. LockettSupreme Court of Missouri · 1902
3Cited by13 opinions
- Allen v. StateCourt of Criminal Appeals of Oklahoma · 1994
- State v. WilliamsSupreme Court of Missouri · 1935
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. PrideMissouri Court of Appeals · 1978
- State v. GravesSupreme Court of Missouri · 1944
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