State v. Noeninger
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. H. C. O ’ Bey an, Judge. (1) It was competent for defendants to show, as they offered to do, that immediately after the shooting the prosecuting witness Walls had a knife in his hand, and that he then made statements concerning what had just transpired inside of the house. (2) The third instruction for the state is clearly erroneous, at least as to the defendant, Hermann Noeninger.
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Appeal from Cape Girardeau Circuit Court. — Hon. H. C. O ’ Bey an, Judge. (1) It was competent for defendants to show, as they offered to do, that immediately after the shooting the prosecuting witness Walls had a knife in his hand, and that he then made statements concerning what had just transpired inside of the house. (2) The third instruction for the state is clearly erroneous, at least as to the defendant, Hermann Noeninger. According to its direction he is to be convicted if the jury “believe that the shot was fired at Walls as a means of ejecting Walls from the house of Noeninger, and…
1Opinion of the CourtThomas, J.
Defendants, who are father and son, were indicted at the August term, 1887, of the circuit court of Cape Girardeau county, under section 1262, Revised Statutes, 1879, for a felonious assault with a pistol on. one. William Walls, the son Robert being, charged as principal, and Hermann, the father, with being present, aiding and abetting his son in the commission of the offense. The defendants were convicted and each sentenced to pay a fine of $100, and the case is before us on appeal.
Hermann Noeninger was the owner of a saloon, and his son Robert was his bar-keeper.. On the evening of August…
2Cases cited11 opinions
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. MannSupreme Court of Missouri · 1884
- State v. EmorySupreme Court of Missouri · 1883
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. BurkSupreme Court of Missouri · 1886
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3Cited by17 opinions
- State v. DusenberrySupreme Court of Missouri · 1892
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. LaytonSupreme Court of Missouri · 1933
- Reed v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- State v. AlredSupreme Court of Missouri · 1893
12 more not listed; retrieve them via the Exa API.