Jones v. Gale
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. Jame» M. Davis, Judge. Tlie case is stated in the opinion. I. The instruction as to self-defence is founded on State v. Linney (52 Mo. 210). This is expressly repudiated in State v. Culler (82 Mo. 623). The evidence shows that if any one sought or brought on the difficulty, it was plaintiff. II.
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Appeal from Livingston Circuit Court, Hon. Jame» M. Davis, Judge. Tlie case is stated in the opinion. I. The instruction as to self-defence is founded on State v. Linney (52 Mo. 210). This is expressly repudiated in State v. Culler (82 Mo. 623). The evidence shows that if any one sought or brought on the difficulty, it was plaintiff. II. The court erred-in refusing defendant’s instructions, and in the motion for new trial the attention of the court was called to the giving of improper instructions for plaintiff, and refusing proper instructions asked for by defendant, and that the verdict was…
1Opinion of the CourtHall, J.
This was an action for damages resulting from a violent and cruel assault and battery. The answer contained a general denial, and a plea of son assault ■demesne.
The plaintiff had judgment from which the defendant has appealed to this court. The defendant complains here of the action of the circuit court in giving instruction number four, for the plaintiff, and in refusing certain instructions asked by defendant.
Instruction number four, given for plaintiff, is as follows:
“The jury are instructed that, if they shall believe, from the evidence, that the defendant, Gale, provoked .and brought on…
Also in this document: Concurrence.
2Cases cited3 opinions
- State v. MaguireSupreme Court of Missouri · 1878
- State v. CullerSupreme Court of Missouri · 1884
- Shay v. ThompsonWisconsin Supreme Court · 1884
3Cited by6 opinions
- Morris v. MillerNebraska Supreme Court · 1909
- Meints v. HuntingtonCourt of Appeals for the Eighth Circuit · 1921
- Colby v. McClendonSupreme Court of Oklahoma · 1922
- Gray v. McDonaldMissouri Court of Appeals · 1888
- Smith v. WickardIndiana Court of Appeals · 1908
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