Gray Ex Rel. Gray v. Earls
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon Sterling H. McCarty, Judge. (1) The defendants, both having testified that they each shot deceased, and from which wounds he died, and that at the time they shot him he was not saying a word, or making any effort to attack them, and did not have a gun or weapon and made no threat nor hostile demonstration against them, hut they shot him because he did not raise his hands when one of them demanded it, makes out a clear case of…
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Appeal from Pemiscot Circuit Court. — Hon Sterling H. McCarty, Judge. (1) The defendants, both having testified that they each shot deceased, and from which wounds he died, and that at the time they shot him he was not saying a word, or making any effort to attack them, and did not have a gun or weapon and made no threat nor hostile demonstration against them, hut they shot him because he did not raise his hands when one of them demanded it, makes out a clear case of admission of liability for wrongfully killing a human being. Sec. 4218, E. S. 1919; McLaughlin v. Marlatt, 228 S. W. (Mo. App.)…
1Opinion of the Court
On the 25th day of September, 1919, one Ollie Gray died as the result of gunshot wounds inflicted upon him on that day by respondents. On June 16th, 1920, the appellants, minor children of deceased, brought this suit for damages in the sum of ten thousand dollars, in the Circuit Court of Pemiscot County, by their guardian, the mother of appellants, and widow of Ollie Gray, who had not in her own behalf brought suit on account of the death of her husband. There was a verdict for defendants, by ten jurors, and from the judgment thereon plaintiffs have appealed by due steps taken.
The petition…
2Cases cited16 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- White v. MaxcySupreme Court of Missouri · 1877
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- State v. HolcombSupreme Court of Missouri · 1885
- State v. UnderwoodSupreme Court of Missouri · 1881
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3Cited by9 opinions
- Rife v. D.T. Corner, Inc.Supreme Court of Iowa · 2002
- State v. ParkerMissouri Court of Appeals · 1964
- Chism v. CowanSupreme Court of Missouri · 1967
- Morton v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- State v. FordSupreme Court of Missouri · 1939
4 more not listed; retrieve them via the Exa API.