Legal Opinion

State v. Mullins

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 20 opinions

Appeal from Pettis Criminal Court. — Hon. John E. Ryland, Judge. (1) The court erred in permitting the state to prove what Newton Hughes said at the coroner’s inquest. State n. Young, 99 Mo. 666 ; People n. Willett, 92 N. Y. 29; 3 Am. & Eng. Ency. of Law, 494. (2) The court also erred in admitting the evidence of defendant taken at his examination at .the coroner’s inquest. People v. McMahon, 15 N. Y. 384; People n. Mindon, 103 N. Y. 690 ; Wharton’s Crim.

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1Opinion of the CourtBlack, J.

The defendant prosecutes this appeal from a conviction of manslaughter in the second degree, had upon an indictment for murder.' The defendant, it is conceded by the evidence, shot and killed Henry Thatcher. The defense is justifiable homicide in self-defense.

The deceased was .a negro, and the tenant of the defendant, residing in a house on the defendant’s farm. There had been difficulty between the parties prior to the homicide, and there is much evidence to the effect that the deceased had whipped and kicked the defendant on several occasions; and that he had threatened to kill the…

2Cases cited6 opinions

Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
State v. MarshallSupreme Court of Missouri · 1865
State v. YoungSupreme Court of Missouri · 1889
People v. KelleyCalifornia Supreme Court · 1873
The People v. . WillettNew York Court of Appeals · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

State v. YoungSupreme Court of Missouri · 1894
State v. StogsdillSupreme Court of Missouri · 1929
Tuttle v. PeopleSupreme Court of Colorado · 1905
State v. DavidSupreme Court of Missouri · 1895
Maki v. StateWyoming Supreme Court · 1911

15 more not listed; retrieve them via the Exa API.