State v. Downs
Supreme Court of Missouri
Appeal from, Iron Circuit Court. (1) The court erred in refusing to allow the defendant to testify as to his reason and motive for striking the deceased. (2) The court erred in refusing to allow defendant to prove that the deceased was a fierce, turbulent and violent man.
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Appeal from, Iron Circuit Court. (1) The court erred in refusing to allow the defendant to testify as to his reason and motive for striking the deceased. (2) The court erred in refusing to allow defendant to prove that the deceased was a fierce, turbulent and violent man. State v. Hicks, 27 Mo. 588. The court erred in refusing to allow defendant to prove that Allen Heaston, a witness for the state, had made a proposition to leave the state and not testify against him, for one hundred dollars. It was competent to impeach the witness. The court erred in refusing to allow defendant to prove…
1Opinion of the CourtBlack, J.
The defendant was indicted for killing Peter Prough, and found guilty of manslaughter in the first degree.
*22The evidence for the state is, in substance, as follows : Between nine and ten o’ clock on the night of the sixteenth of December, 1882, the deceased and others were in a saloon kept by the defendant; deceased asked several persons, and among them Newberry, to drink. Newberry, to avoid drinking, dodged behind some men, when Prough, the deceased, went after him, saying, "I will kick him.” The defendant’s son, a lad some eleven years old, who was on a card table, raised up and asked Prough…
2Cases cited8 opinions
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. SloanSupreme Court of Missouri · 1871
- State v. AlexanderSupreme Court of Missouri · 1877
- White v. MaxcySupreme Court of Missouri · 1877
- State v. GonceSupreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. BartmessOregon Supreme Court · 1898
- State v. FitzgeraldSupreme Court of Missouri · 1895
- State v. BaileySupreme Court of Missouri · 1887
- State v. TurnerSupreme Court of Missouri · 1912
- State v. SpendloveSupreme Court of Kansas · 1891
11 more not listed; retrieve them via the Exa API.