State v. Taylor
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) At the common law a man .can defend his dwelling house even to the extent of taking life if necessary to prevent an unlawful entrance, without being liable even for manslaughter. The defense of the dwelling house stands on different grounds from the defense of personal property. 2 Bishop’s New Crim. Law, sec. 707; 1 Bishop’s New Crim. Law, sec. 858; Wharton’s Cr.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) At the common law a man .can defend his dwelling house even to the extent of taking life if necessary to prevent an unlawful entrance, without being liable even for manslaughter. The defense of the dwelling house stands on different grounds from the defense of personal property. 2 Bishop’s New Crim. Law, sec. 707; 1 Bishop’s New Crim. Law, sec. 858; Wharton’s Cr. Law [9 Ed.] sec. 503 and note 1; 1 Hale’s P. C. 458, 486; 1 Chitty Cr. L. [4 Am. Ed.] 56; 1 East P. C. 321; 1 Russell on Crimes [5 Am. Ed.], 662; 4 Bl. Com. 223; Com.…
1Opinion of the CourtSherwood, J.
The defendant, a negro, was awarded twenty years in the penitentiary for shooting and killing with a musket a negro boy some sixteen or seventeen years old. The killing was done at Taylor’s house.
Lee Smith, the deceased, went to Taylor’s the evening of the homicide, as did a number of other negroes of both sexes. After being there a short time, Smith became involved in a quarrel with defendant; both parties threw off their coats and after exchanging a few blows, Smith was led out or put out of the room, and walked away with a friend. Having proceeded a short distance, Smith remembered that…
2Cited by14 opinions
- State v. PellegrinoSouth Dakota Supreme Court · 1998
- State v. BrookshireSupreme Court of Missouri · 1962
- State v. IvicsicsMissouri Court of Appeals · 1980
- Collegenia v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. ToliasSupreme Court of Missouri · 1959
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