State v. Nelson
Supreme Court of Missouri
Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. The court below committed error in not giving the jury an instruction for common assault, whether asked ■or not, when the defendant’s evidence was that he ‘•shot to scare them and not to kill them.” The trial ■court erred in refusing to grant a new trial, when its attention was called to the neglect to give an instruction for common assault in the motion for a new trial.
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Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. The court below committed error in not giving the jury an instruction for common assault, whether asked ■or not, when the defendant’s evidence was that he ‘•shot to scare them and not to kill them.” The trial ■court erred in refusing to grant a new trial, when its attention was called to the neglect to give an instruction for common assault in the motion for a new trial. State v. Banks, 73 Mo. 592; State v. Murphy, 14 Mo. App. 73; State v. Tate, 12 Mo. App. 327; State v. JBranstetter, 65 Mo. 149; State v. Palmer, 88 Mo. 568.…
1Opinion of the CourtBurgess, J.
The defendant was, at the March, term, 1893, of the criminal court of Lafayette county, convicted of an assault, with intent to kill one Mecum. Squires by shooting at him with a pistol, and his punishment fixed at imprisonment in the penitentiary for three years.
The state offered evidence tending to show that at the time of the shooting, which occurred at the town of Napoleon, Lafayette county, on the ninth day of' December, 1892, that Mecum Squires was the city mar-' shal of that town, and that he was informed that the-defendant was carrying a pistol concealed, had been exhibiting it in a…
2Cases cited7 opinions
- State v. PalmerSupreme Court of Missouri · 1886
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. BanksSupreme Court of Missouri · 1881
- State v. AndersonSupreme Court of Missouri · 1886
- State v. BryantSupreme Court of Missouri · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- State v. ConwaySupreme Court of Missouri · 1912
- State v. DettmerSupreme Court of Missouri · 1894
- State v. NoctonSupreme Court of Missouri · 1894
16 more not listed; retrieve them via the Exa API.