State v. Culler
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. On the trial of the cause the court gave, among others, the following instructions which are complained of by ap-' pellant: 6. The court instructs the jury that even though they should believe, from the evidence in the cause, that Beck first struck or assaulted defendant with a club, yet if they further believe from the evidence that the deceased and his family were in the peaceable possession Of the milk lot,…
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Appeal from Putnam Circuit Court. — Hon. Andrew Ellison, Judge. On the trial of the cause the court gave, among others, the following instructions which are complained of by ap-' pellant: 6. The court instructs the jury that even though they should believe, from the evidence in the cause, that Beck first struck or assaulted defendant with a club, yet if they further believe from the evidence that the deceased and his family were in the peaceable possession Of the milk lot, then they had a right to lay up the rail fence surrounding it. If, therefore, they believe from the evidence that Beck,…
1Opinion of the CourtSherwood, J.
The defendant was indicted for the murder of one "Win. O. Deck by shooting him with a pistol. Ilis only plea was self-defense, and there was evidence which fully supported that plea, as well as evidence of a contrary effect. Tried, he was convicted of murder in the second degree and his punishment assessed at forty years imprisonment in the penitentiary.
Three grounds are urged for a reversal of the judgment:
First — Overruling defendant’s challenge for cause of certain members of the panel of forty from which the selection of jurors was made ; one of such panel being one of the jurors who…
2Cases cited8 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. StarrSupreme Court of Missouri · 1866
- State v. HaysSupreme Court of Missouri · 1856
- State v. WaltonSupreme Court of Missouri · 1881
- State v. LinneySupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. PartlowSupreme Court of Missouri · 1886
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. RobinsonSupreme Court of Missouri · 1893
- State v. FoleySupreme Court of Missouri · 1898
14 more not listed; retrieve them via the Exa API.