State v. Cable
Supreme Court of Missouri
Appeal from Morgan Circuit■ Court. — Hon. E. L. Edwards, Judge. The court committed error in giving the first instruction asked by the state.
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Appeal from Morgan Circuit■ Court. — Hon. E. L. Edwards, Judge. The court committed error in giving the first instruction asked by the state. The defendant had the right, even though he had voluntarily engaged in a difficulty, to withdraw-from the combat, and if he did so in good faith, “and was pursued by the deceased, and was hard pressed, and was endeavoring to get away from the deceased, and to abandon the combat,” then he was not deprived of the right of self-defense, and there was manifest error in the declaration of the court to the contrary. It is “the well-settled doctrine that…
1Opinion of the CourtBurgess, J.
— The defendant was indicted for murder in the first degree, for the killing of Emmett Pitts. When the cause came on. to be heard, at the August term, 1892, the state elected to abandon the charge of murder in the first degree, and to proceed against the defendant for murder in the second degree.
A number of witnesses were introduced both by the state and the defendant. There were differences between the witnesses as to the details of the difficulty.
There was evidence before the jury tending to establish the following facts:
That there was a picnic near Gravois Mill, on the eighth of August,…
2Cases cited5 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- State v. HerrellSupreme Court of Missouri · 1888
- State v. ParkerSupreme Court of Missouri · 1891
- State v. ClevengerMissouri Court of Appeals · 1887
3Cited by16 opinions
- State v. WilliamsSupreme Court of Missouri · 1935
- State v. GadwoodSupreme Court of Missouri · 1938
- State v. SharpSupreme Court of Missouri · 1911
- State v. PhroperMissouri Court of Appeals · 1981
- State v. MayberrySupreme Court of Missouri · 1950
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