State v. Elvins
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Hon. J. D. Fox, Judge. (1) The previous conduct of defendant in the saloon, and what was said and done by him and the prosecutor during this altercation, and defendant’s declaration, upon being put out of the saloon, that he would go down home and get his Winchester, were admissible in evidence. The altercation was “the beginning, and, therefore, a part, of the controversy which led to, and resulted in, the shooting.”
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Appeal from St. Francois Circuit Court. — Hon. J. D. Fox, Judge. (1) The previous conduct of defendant in the saloon, and what was said and done by him and the prosecutor during this altercation, and defendant’s declaration, upon being put out of the saloon, that he would go down home and get his Winchester, were admissible in evidence. The altercation was “the beginning, and, therefore, a part, of the controversy which led to, and resulted in, the shooting.” Besides, it was admissible for the purpose of showing malice and the state of feeling existing between the parties. State v. Forsythe,…
1Opinion of the CourtSherwood, J.
Indictment under section 1262, Revised Statutes, 1879, omitting formal parts, as follows:
“That Ralph Elvins on the - day of March, 1886, at and in the county of St. Francois and state of Missouri, in and upon one Barney Flynn, feloniously, on purpose and of his malice aforethought, did make an assault, and did then and there, on purpose and of his malice aforethought, feloniously shoot at him, the said Barney Flynn, with a certain Winchester rifle, loaded with powder and leaden balls which he, the said Ralph Elvins, then and there held in both his hands, with intent then and there the said…
2Cases cited9 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. BerkleySupreme Court of Missouri · 1887
- State v. HerrellSupreme Court of Missouri · 1888
- State v. McNallySupreme Court of Missouri · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- State v. FosterSupreme Court of Missouri · 1893
- State v. CrabSupreme Court of Missouri · 1894
- Weaver v. StateAlabama Court of Appeals · 1911
- Shannon v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1893
13 more not listed; retrieve them via the Exa API.