State v. Hardy
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in giving tbe fourth, instruction asked by the state. It does not follow that the defendant was guilty of murder because he voluntarily entered into the combat in which the deceased was killed. State n. Partlow, 90 Mo. 608; State n. Berkley, 92 Mo. 41. (2) The court erred in giving the sixth instruction for the state.
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Appeal from Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court erred in giving tbe fourth, instruction asked by the state. It does not follow that the defendant was guilty of murder because he voluntarily entered into the combat in which the deceased was killed. State n. Partlow, 90 Mo. 608; State n. Berkley, 92 Mo. 41. (2) The court erred in giving the sixth instruction for the state. It was proper for the defendant to show that the deceased had the reputation of being a quarrelsome, turbulent, and violent' man. State v. Bryant, 55 Mo. 75; State n. Dozens, 91 Mo. 19 ; State n.…
1Opinion of the CourtNokton, C. J.
Defendant was indicted in the Morgan county circuit court for murder in the first degree for killing William Arnold, in August, 1885, and being put upon his trial, was convicted of murder in the second degree, and he was sentenced to imprisonment in the penitentiary for ten years. He has appealed from this judgment, and it is insisted that the court erred in giving the following instruction :
“The right of self-defence does not imply the right of attack, and it will not avail in any case where the defendant voluntarily enters into or brings on the difficulty by any wilful act of his;…
2Cases cited9 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. StarrSupreme Court of Missouri · 1866
- State v. PalmerSupreme Court of Missouri · 1886
- State v. LinneySupreme Court of Missouri · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. RobertsSupreme Court of Missouri · 1922
- State v. MilesSupreme Court of Missouri · 1913
- State v. RobertsSupreme Court of Missouri · 1922