State v. Adler
Supreme Court of Missouri
Appeal from Jackson County Criminal Court.— Hon. John W. Wofford,. Judge. (1) Instruction 10 is erroneous, in that it limits defendant’s right of self-defense to the assault made by deceased alone upon him, and leaves out of consideration his right to use a weapon, if necessary, to protect himself from harm threatened by the mob of angry and excited men, who armed with a knife, a revolver, and bricks and stones, were aiding and acting in concert with deceased in his assault…
Read the full summary
Appeal from Jackson County Criminal Court.— Hon. John W. Wofford,. Judge. (1) Instruction 10 is erroneous, in that it limits defendant’s right of self-defense to the assault made by deceased alone upon him, and leaves out of consideration his right to use a weapon, if necessary, to protect himself from harm threatened by the mob of angry and excited men, who armed with a knife, a revolver, and bricks and stones, were aiding and acting in concert with deceased in his assault upon defendant at the time the fatal shot was fired. State v. Partloio, 90 Mo. 608. (2) Defendant did not try to avoid…
1Opinion of the CourtBurgess, J.
Defendant was tried and convicted of murder in the second degree, and his punishment fixed at ten years imprisonment in the State penitentiary, for having with malice shot with a pistol and killed one William Johnson. He was indicted, tried and convicted in Jackson county where the crime was committed.
From the judgment and sentence he appeals.
Briefly stated the facts as disclosed by the record are that about 5 o’clock on the evening of May 2, 1897, defendant and deceased engaged in a quarrel near the crossing of Sixth and Broadway streets in Kansas City, Missouri, during which Adler ran…
2Cases cited12 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. Ma FooSupreme Court of Missouri · 1892
- State v. GeeSupreme Court of Missouri · 1885
- State v. CableSupreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. GinnUnited States Court of Military Appeals · 1952
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. ConwaySupreme Court of Missouri · 1912
- State v. Yee GuckOregon Supreme Court · 1921
- State v. RichardsonSupreme Court of Missouri · 1959
3 more not listed; retrieve them via the Exa API.