State v. Palmer
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Ed- ' wards, Judge. The following is the eleventh instruction given for the state: “If the jury believe, from the evidence, that the de-' fenclant and the deceased, prior to their meeting in Ash-craft’s store, had an altercation, and that the defendant afterward went into said store and there met the deceased, and that a difficulty arose between them, and that the deceased advanced towards the defendant in a threatening manner,…
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Appeal from Cooper Circuit Court. — Hon. E. L. Ed- ' wards, Judge. The following is the eleventh instruction given for the state: “If the jury believe, from the evidence, that the de-' fenclant and the deceased, prior to their meeting in Ash-craft’s store, had an altercation, and that the defendant afterward went into said store and there met the deceased, and that a difficulty arose between them, and that the deceased advanced towards the defendant in a threatening manner, and if the jury shall further find, from all the facts and circumstances in evidence, that the defendant had reasonable…
1Opinion of the CourtSiiebwood, J.
Tried for murder in the first degree, defendant was convicted of murder in the second degree," and his punishment fixed at fifteen years in the penitentiary.
I. There was no error in permitting the state to introduce evidence in the first instance of the general moral character of the defendant being bad. He had offered himself as a witness, therefore, was subject to the same rules and tests, and could be impeached in the same manner as any other witness. State v. Clinton, 67 Mo. 380. Had the defendant not been a witness, then the state could not have attacked the general moral character of…
2Cases cited9 opinions
- State v. GrantSupreme Court of Missouri · 1883
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- State v. ClintonSupreme Court of Missouri · 1878
- State v. ElkinsSupreme Court of Missouri · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- State v. TaylorSupreme Court of Missouri · 1893
- State v. FosterSupreme Court of Missouri · 1946
- State v. TurlingtonSupreme Court of Missouri · 1890
40 more not listed; retrieve them via the Exa API.