State v. Gordon
Supreme Court of Missouri
'Appeal from Boone Circuit Court. — Hon. Alex. H. Waller, Judge. (1) Manifest error was committed by the court in giving instruction 10, upon behalf of the State. This instruction is palpably erroneous, and absolutely deprived the defendant of his right of self-defense.
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'Appeal from Boone Circuit Court. — Hon. Alex. H. Waller, Judge. (1) Manifest error was committed by the court in giving instruction 10, upon behalf of the State. This instruction is palpably erroneous, and absolutely deprived the defendant of his right of self-defense. State v. Gilmore, 95 Mo. 554; State v. Rapp, 142 Mo. 448. One does not lose his right of self-defense by .beginning a quarrel unless he does so for the purpose of doing his adversary great bodily harm, or effecting his death. This instruction was incorrect in two particulars: first, it deprived the defendant of the right of…
1Opinion of the CourtGantt, J.
On the 18th day of October, 1902, the grand jury of Boone county, Missouri, at the October term of the circuit court, returned an indictment against the defendant, charging him with murder in the first degree of Hugo G. Doelling on the 8th day of July, 1902. The defendant was duly arraigned upon said indictment and entered his plea of not guilty thereto. At the February term, 1904, the defendant was put upon his trial before a jury, and was convicted of manslaughter in the fourth degree, and his punishment assessed at imprisonment in the State penitentiary for a term of two years. Motions for…
2Cases cited10 opinions
- State v. WienersSupreme Court of Missouri · 1877
- State v. PartlowSupreme Court of Missouri · 1886
- State v. BranstetterSupreme Court of Missouri · 1877
- Butler v. StateSupreme Court of Georgia · 1893
- State v. GartrellMissouri Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. ChambersSupreme Court of Missouri · 1984
- State v. BurrellSupreme Court of Missouri · 1923
- State v. FergusonSupreme Court of Missouri · 1944
- State v. BongardSupreme Court of Missouri · 1932
- State v. HeathSupreme Court of Missouri · 1909
21 more not listed; retrieve them via the Exa API.