State v. Finkelstein
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) The trial court erred in refusing to instruct the jury on all the questions of law arising in the case and necessary for their information in reaching a correct verdict. Sec. 5231, R. S. 1909. (2) The. court erred in refusing to instruct the jurors on the law of self-defense, although requested so to do by the defendant.
Read the full summary
Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) The trial court erred in refusing to instruct the jury on all the questions of law arising in the case and necessary for their information in reaching a correct verdict. Sec. 5231, R. S. 1909. (2) The. court erred in refusing to instruct the jurors on the law of self-defense, although requested so to do by the defendant. (3) The court erred in giving instruction number 7, telling the jury that the defendant and his wife were competent witnesses and their testimony should be weighed by the same rules that governed the…
1ConcurrenceGraves, C. J.
(concurring). — I think it is time that this court was making some clearly defined announcement upon the propriety of giving in criminal cases, an instruction like instruction > numbered 7 .involved here. That such an instruction has had the passive approval of this court in previous cases, goes without question. But it is equally true that it has met with much criticism. As a.trial judge I gave it, because of its tacit approval here, and not because of any sound legal reason for giving it. Many circuit judges have done and are now doing the same thing. When the matter was first presented to…
2Cases cited5 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- State v. EvansSupreme Court of Missouri · 1916