State v. Forsythe
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. James B. Gantt, Judge. (1) The evidence of the difficulty between McCaw and James Forsythe in the morning should not have been admitted. That difficulty had nothing to do with the one which afterward took place in the potato patch. (2) Instruction number six Is erroneous because it left ¡the jury to determine what was a lawful manner, to determine questions-of law.
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Appeal from Henry Circuit Court. — Hon. James B. Gantt, Judge. (1) The evidence of the difficulty between McCaw and James Forsythe in the morning should not have been admitted. That difficulty had nothing to do with the one which afterward took place in the potato patch. (2) Instruction number six Is erroneous because it left ¡the jury to determine what was a lawful manner, to determine questions-of law. It has never been held thal a mere threatened trespass upon property, or a threatened violation of “rights” will justify a resort to force. State ». Zellers, 2 Halst. 220. “As no trespass…
1Opinion of the CourtBtack, J.
The defendants, father and son, were indicted, Edward Forsythe for an assault with intent to kill David McCaw, and James for being present, aiding and abetting Edward. The assault is alleged to have* been made by Edward by shooting at McCaw with a Loaded pistol. The difficulty occurred in a potato patch on a farm rented by McCaw of James Forsythe. For the state, the evidence tends to ° show that McCaw ordered the defendants away from and off the premises, when James Forsythe struck at McCaw with a sack containing some tools for stretching wire fence, and to ward off the blow McCaw struck at…
2Cases cited2 opinions
- Roberts v. StateSupreme Court of Missouri · 1851
- State v. MahlySupreme Court of Missouri · 1878
3Cited by21 opinions
- State v. ReevesSupreme Court of Missouri · 1888
- State v. HickamSupreme Court of Missouri · 1888
- State v. EvansSupreme Court of Missouri · 1894
- State v. SandersSupreme Court of Missouri · 1891
- Stamper v. RaymondOregon Supreme Court · 1900
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