State v. Roberts
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. David H. Harris, Judge. (1) The court erred in giving Instruction 12 for the reason that it erroneously set forth the law as applied to the facts in this case in the following particulars: (a) Said instruction thus stated the law of th quantum of force and resistance defendant was justified in using.
Read the full summary
Appeal from Boone Circuit Court. — Hon. David H. Harris, Judge. (1) The court erred in giving Instruction 12 for the reason that it erroneously set forth the law as applied to the facts in this case in the following particulars: (a) Said instruction thus stated the law of th quantum of force and resistance defendant was justified in using. This proposition is stated in the instruction in the language: “Nor is any one justified in using any more force than is necessary to get rid of his assailant. ’ ’ This statement of the law without qualification has been condemned by this court. State v.…
1Opinion of the CourtWilliams, J.
Upon an information charging him with the crime of murder in the first degree, defendant was tried in the Circuit Court of Boone County, found guilty of murder in the second degree and his punishment fixed at twenty years’ imprisonment. Defendant has duly perfected an appeal.
The evidence may be summarized as follows:
William L. Roberts (hereinafter referred to as appellant), about eight o’clock a. m., July 30, 1917, killed, by firing in rapid succession both barrels of a double-barreled shotgun, one William A. Ryland (hereinafter referred to as deceased).
Appellant and deceased for many years…
2Cases cited9 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. GilmoreSupreme Court of Missouri · 1888
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- State v. GordonSupreme Court of Missouri · 1905
- State v. DarlingSupreme Court of Missouri · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. WilliamsSupreme Court of Missouri · 1935
- State v. FergusonSupreme Court of Missouri · 1944
- State v. BarbataSupreme Court of Missouri · 1935
- State v. CreedSupreme Court of Missouri · 1923
- State v. Painter.Supreme Court of Missouri · 1931
10 more not listed; retrieve them via the Exa API.