State v. Keet
Supreme Court of Missouri
Appeal from Greene Criminal Court. — Hon. Arch A. Johnson, Judge. The court erred in excluding competent and relevant testimony, offered in cross-examination of witnesses for the State, as well as offered by testimony in behalf of the defendant, tending to show that defendant was carrying the pistol in the necessary defense of his person.
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Appeal from Greene Criminal Court. — Hon. Arch A. Johnson, Judge. The court erred in excluding competent and relevant testimony, offered in cross-examination of witnesses for the State, as well as offered by testimony in behalf of the defendant, tending to show that defendant was carrying the pistol in the necessary defense of his person. (1) The action of thé court is in violation of the natural rights of the defendant, of his common-law rights and of the rights guaranteed by section 17, article 2, of the Constitution of the State of Missouri. (2) The Constitution (Art. 2, sec. 17) declares…
1Opinion of the Court
ROY, C.
The defendant was convicted of carrying a concealed weapon, a revolver, and his punishment-was assessed at a fine of $175. He has appealed.
On the trial the defendant offered evidence tending to show that he had just before his arrest been assaulted by one Tyndal, who fired several shots at him, and that he, the defendant, was carrying the pistol under well grounded fears for his personal safety. The court excluded such evidence. The propriety of that ruling is the only question involved' in this appeal, which comes to this court because of the fact that it involves the construction of…
2Cases cited11 opinions
- Presser v. IllinoisSupreme Court of the United States · 1886
- Nunn v. StateSupreme Court of Georgia · 1846
- State v. ReidSupreme Court of Alabama · 1840
- State v. BuzzardSupreme Court of Arkansas · 1842
- Fife v. StateSupreme Court of Arkansas · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. MaloneSupreme Court of Missouri · 1957
- Moore v. GallupAppellate Division of the Supreme Court of the State of New York · 1943
- State v. BarbataSupreme Court of Missouri · 1935
- State v. WhiteSupreme Court of Missouri · 1923