State v. Bidstrup
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court erred in excluding the diagram or plat offered in evidence by defendant. Ency. Evidence, 638; Battishill v. Humphrey, 31 N. W. 894; Western Gas Con.
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Appeal from Boone Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court erred in excluding the diagram or plat offered in evidence by defendant. Ency. Evidence, 638; Battishill v. Humphrey, 31 N. W. 894; Western Gas Con. Co. v. Danner, 97 Fed. 886; Brown v. Gales-burg P. B. & T. Co., 24 N. E. 523; LeBeau v. Telephone Co., 67 N. W. 339. (2) The court erred in refusing to submit to the jury the question of self-defense, based upon the testimony of the prosecuting witness, as asked by defendant, (a) Defendant was entitled to instructions submitting any issue presented by any of the testimony…
1Opinion of the CourtKennish, P. J.
At the May term, 1910, of the circuit court of Cooper county, appellant was convicted of maiming and wounding one Elmer Brubaker, by shooting him with a shotgun. The punishment assessed was a fine of one thousand dollars and imprisonment in the county jail for one year. After unsuccessful motions for new trial and in arrest of judgment, defendant appealed to this court.
The testimony adduced at the trial showed the following facts, concerning which there was no material dispute:
Brubaker and the defendant both lived on what is known as the Warsaw and Boonville road, in Cooper county. This road…
2Cases cited17 opinions
- Head v. StateMississippi Supreme Court · 1870
- Hill v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Crawford v. StateSupreme Court of Georgia · 1852
- Knorpp v. WagnerSupreme Court of Missouri · 1906
- State v. LackeySupreme Court of Missouri · 1910
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. CreightonSupreme Court of Missouri · 1932
- State v. AverySupreme Court of Missouri · 2003
- Martin v. YeohamMissouri Court of Appeals · 1967
- State v. WrightSupreme Court of Missouri · 1943
- State v. BakerSupreme Court of Missouri · 1955
18 more not listed; retrieve them via the Exa API.