State v. Stout
Supreme Court of Missouri
Appeal from Phelps Circuit Court. The defendant was indicted under the statute for an assault upon one Pleasant Caps. At the trial defendant offered Henry Caps as a witness to prove that Pleasant Caps had fired a pistol, drawn a knife, and did other acts which threw the defendant on the defensive.
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Appeal from Phelps Circuit Court. The defendant was indicted under the statute for an assault upon one Pleasant Caps. At the trial defendant offered Henry Caps as a witness to prove that Pleasant Caps had fired a pistol, drawn a knife, and did other acts which threw the defendant on the defensive. The court gave this instruction for the State: “ 7. If the jury believe from the evidence that Henry Caps wilfully swore false to any material matters, then they may disregard his whole testimony.” The instruction refused for defendant is in these words : “3. A man has a right to defend himself and…
1Opinion of the CourtNapton, Judge
The refusal of the court to give the third instruction asked by the defendant, taken in connection with the seventh given *407for the State, had a tendency to withdraw from the jury altogether the question of self-defence. It is not usual for a court to point out a particular witness and tell the jury to disregard his testimony, if they think he has testified falsely in any material particular; and when this is done, and all instructions upon the defence which this witness’ testimony tends to establish are refused, the jury must understand the court to be of opinion that no case of self-defence…
2Cited by9 opinions
- Isaac & Rebecca Thomas v. GatesCalifornia Supreme Court · 1899
- Paulette v. BrownSupreme Court of Missouri · 1867
- Shellabarger v. NafusSupreme Court of Kansas · 1875
- State v. MeagherMissouri Court of Appeals · 1892
- McCormick v. City of MonroeMissouri Court of Appeals · 1895
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