Legal Opinion

State v. Bartlett

Supreme Court of Missouri

Decided December 16, 1902PublishedCited by 27 opinions

Appeal from Lewis Circuit Court.— Hon. E. B. McKee, Judge. (1) Edwards was not and could not Lave been justified in Ms attack upon Bartlett on the day of the tragedy; and Bartlett, being pursued as he was, was ■clearly justified in firing upon Edwards as he did. The ■office of Bartlett was as sacred to him as his castle or domicile.

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Appeal from Lewis Circuit Court.— Hon. E. B. McKee, Judge. (1) Edwards was not and could not Lave been justified in Ms attack upon Bartlett on the day of the tragedy; and Bartlett, being pursued as he was, was ■clearly justified in firing upon Edwards as he did. The ■office of Bartlett was as sacred to him as his castle or domicile. Edwards could no more have claimed justification on his part, had he commenced an assault upon Bartlett outside of Bartlett’s premises, and then forced Bartlett to retreat to the door of his domicile, than he ■could in this instance assault Bartlett on the street…

1Opinion of the CourtSherwood, P. J.

Prosecuted on information filed in the Scotland Circuit Court for the murder of William D. Edwards, on. change of venue to Lewis county, defendant was found guilty of manslaughter in the fourth degree and his punishment assessed at two years in the penitentiary.

The amended information filed in Lewis county, by the prosecuting attorney of Scotland county, charged the crime to have been done by shooting Edwards to death with a revolver.

The testimony in the bill of exceptions in this cause, covers nearly seven hundred type-written pages. Of course there is no manner of necessity for covering…

2Cases cited5 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. State v. PartlowSupreme Court of Missouri · 1886
  3. Ex parte SlaterSupreme Court of Missouri · 1880
  4. State v. EvansSupreme Court of Missouri · 1894
  5. State v. HaganSupreme Court of Missouri · 1901

3Cited by27 opinions

  1. People v. MaughsCalifornia Supreme Court · 1906
  2. State v. ChambersSupreme Court of Missouri · 1984
  3. State v. KuselWyoming Supreme Court · 1923
  4. Garcia v. StateWyoming Supreme Court · 1983
  5. State v. HicksSupreme Court of Missouri · 1969

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