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.
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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…
1DissentFaris, J.
(dissenting). — I dissent from the learned ajority opinion filed in this case in Division Two and *623now np for approval here, for the reasons which I set forth below herein.
Bnt two grounds of reversal are relied on. One of these (and the only one discussed in the majority opinion) is bottomed upon the failure of the learned court nisi to instruct 'on self-defense. The other one, while not discussed in the majority opinion, is again urged upon our consideration, both in the brief and in argument, and is bottomed upon the alleged erroneous giving of the conventional instruction upon the weight to…
2Cases cited47 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. TaylorSupreme Court of Missouri · 1896
- State v. CurtisSupreme Court of Missouri · 1879
- State v. FairlambSupreme Court of Missouri · 1894
- Sullivan v. HolbrookSupreme Court of Missouri · 1908
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