State v. Brooks
Supreme Court of Missouri
Appeal from Buchanan Criminal, Court. — Hon. Silas Woodson, Judge. Defendant was tried upon an indictment containing three counts, the first two for assault with intent to kill, and the third for an assault with a knife and a felonious maiming, wounding, etc.,' of the injured party. Defendant was convicted under the third count, and, after the usual motions, appealed.
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Appeal from Buchanan Criminal, Court. — Hon. Silas Woodson, Judge. Defendant was tried upon an indictment containing three counts, the first two for assault with intent to kill, and the third for an assault with a knife and a felonious maiming, wounding, etc.,' of the injured party. Defendant was convicted under the third count, and, after the usual motions, appealed. The instructions, referred to in the opinion as offered by defendant and refused by the court, are the follow.ing, viz.: “1A. The witness Wright had no right or authority to approach the defendant in a rude or insolent manner,…
1Opinion of the CourtBarclay, J.
This cause is presented on an agreed statement of facts, in which counsel, with the commendable purpose of facilitating investigation, have given, in the compass of a few lines, an accurate view of the points of difference between them.
It is contended, first, that the court erred in this instruction, given at the instance of the state, viz.:—
“ While the defendant is a competent witness to testify in his own favor, yet, the jury in determining what weight, if any, they will give his testimony, have the right to consider his interest in the result of this prosecution, and what defendant has…
2Cases cited4 opinions
- Shirt v. OverjohnSupreme Court of Missouri · 1875
- State v. TaylorSupreme Court of Missouri · 1889
- State v. GermanSupreme Court of Missouri · 1874
- Wright v. Town of ButlerSupreme Court of Missouri · 1876
3Cited by19 opinions
- Harlow v. LeclairSupreme Court of New Hampshire · 1927
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- State v. KimbroughSupreme Court of Missouri · 1942
- State v. BrownSupreme Court of Missouri · 1891
- Barr v. StateNebraska Supreme Court · 1895
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