State v. Darling
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — IIow. Won. H. Martin, Judge. (1) The court erred in failing to correctly announce the law of self-defense, (a) Defendant, under no view that can he taken, was guilty of any crime, if Ms brother, Ernest Darling, acted in self-defense. It was, therefore, incumbent upon the court to correctly instruct the jury upon this inestimable right. Instruction 9 is the only one pertaimng to the law of self-defense that was given in the case.
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Appeal from Cooper Circuit Court. — IIow. Won. H. Martin, Judge. (1) The court erred in failing to correctly announce the law of self-defense, (a) Defendant, under no view that can he taken, was guilty of any crime, if Ms brother, Ernest Darling, acted in self-defense. It was, therefore, incumbent upon the court to correctly instruct the jury upon this inestimable right. Instruction 9 is the only one pertaimng to the law of self-defense that was given in the case. That it is erroneous, confusing, and deprives defendant of his rights under the law, is plain. State v. Starr, 38 Mo. 270; State…
1Opinion of the CourtBurgess, J.
At the October term, 1905, of the circuit court of Cooper county, upon an information filed by the prosecuting attorney of said county on the 16th. day of May, 1905, charging the defendant and one Ernest Darling and one Dorvil Burris, with murder in the first degree for the killing of one Samuel Jeffress, at said county, on the 13th day of March, 1905, the defendant was convicted of manslaughter in the fourth degree and his punishment assessed at two years in the penitentiary. After filing unsuccessful motions for new trial and in arrest of judgment, defendant appealed.
Prior to' the trial of…
2Cases cited10 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. StarrSupreme Court of Missouri · 1866
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. SloanSupreme Court of Missouri · 1871
- State v. EatonSupreme Court of Missouri · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. CloughSupreme Court of Missouri · 1931
- State v. BrothertonSupreme Court of Missouri · 1954
- State v. HortonSupreme Court of Missouri · 1913
- State v. MinnisSupreme Court of Missouri · 1972
- State v. GoreSupreme Court of Missouri · 1922
12 more not listed; retrieve them via the Exa API.