State v. Hicks
Supreme Court of Missouri
Appeal from Texas Circuit Court. — How. C. C. Bland, Judge. Tlie verdict is not sustained by the testimony, and tlie judgment should be reversed. Instruction number ten is clearly not the law. It assumes that defendant invited or brought on the difficulty. Defendant had a right to arm himself. The deceased had threatened him and tlie nature of the threats had been communicated to defendant.
Read the full summary
Appeal from Texas Circuit Court. — How. C. C. Bland, Judge. Tlie verdict is not sustained by the testimony, and tlie judgment should be reversed. Instruction number ten is clearly not the law. It assumes that defendant invited or brought on the difficulty. Defendant had a right to arm himself. The deceased had threatened him and tlie nature of the threats had been communicated to defendant. It is evident from the testimony that it was the intention of deceased to provoke a difficulty with defendant and there is absolutely no testimony that defendant invited the difficulty, or put himself in…
1Opinion of the CourtNoktoh, C. J.
Defendant was indicted at the May term, 1885, of the Texas county circuit court, for murder in the first degree, for killing one R. E. Barnes. After various continuances, he was put upon his trial at the July term, 1886, of said court, and convicted of murder in the second degree, and sentenced to the penitentiary for ten years. From this judgment he has appealed. No exceptions were saved either as to the reception or rejection of evidence, but a reversal is sought because of alleged errors of the court in giving and in refusing to give instructions. Of those given on behalf of the state, the…
2Cases cited8 opinions
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. GeeSupreme Court of Missouri · 1885
- State v. McGinnisSupreme Court of Missouri · 1882
- State v. BryantSupreme Court of Missouri · 1874
- State v. WisdomSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. SharpSupreme Court of Missouri · 1911
- State v. PaxtonSupreme Court of Missouri · 1895
- State v. TuckerSupreme Court of Missouri · 1933
- State v. BoundsSupreme Court of Missouri · 1957
4 more not listed; retrieve them via the Exa API.