State v. Smith
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. Henry O. Pepper, Judge. (1) There was evidence, in addition to that of defendant, tending to prove that the deceased began the difficulty which resulted in his death.
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Appeal from Lawrence Circuit Court. — Hon. Henry O. Pepper, Judge. (1) There was evidence, in addition to that of defendant, tending to prove that the deceased began the difficulty which resulted in his death. There being such evidence, evidence of the previous quarrel between the defendant and deceased, and evidence of threats by deceased against defendant, whether expressed in plain and direct language or couched in vague phrases and inuendoes, and whether communicated to defendant or not, and whether near to or remote from the time of the killing, is admissible for the following purposes:…
1Opinion of the CourtBurgess, J.
— At the August term, 1900, of the cir*574cuit court of Lawrence county, the defendant was convicted of murder in the second degree, and his punishment fixed at forty years’ imprisonment in the penitentiary, for having theretofore, at said county, assaulted and killed one Henry Watson with a billiard cue.
Defendant appeals.
The difficulty occurred in a saloon building in which there were three rooms, in Aurora, Lawrence county, Missouri. The building stands east and west. The middle room was occupied for a bar, and the back or east room for a billiard room. The evidence showed that the deceased,…
2Cases cited10 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. SloanSupreme Court of Missouri · 1871
- State v. AlexanderSupreme Court of Missouri · 1877
- State v. McNallySupreme Court of Missouri · 1885
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3Cited by4 opinions
- State v. NelsonSupreme Court of Missouri · 1901
- State v. LawsonSupreme Court of Missouri · 1950
- State v. HuntSupreme Court of Missouri · 1905
- Campbell v. CampbellSupreme Court of Rhode Island · 1909