State v. Harper
Supreme Court of Missouri
Appeal from DunJdin Circuit Court. — Hon. John Q-. Wear, Judge. (1) The court erred in defining manslaughter in the second degree.
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Appeal from DunJdin Circuit Court. — Hon. John Q-. Wear, Judge. (1) The court erred in defining manslaughter in the second degree. E. S. 1889, sec. 34Y0; State v. Edwards, YO Mo. 480. (2). The court erred in giving instruction numbered “3” at the request of the State on manslaughter in the second degree, (a) This instruction imposed upon defendant the duty of determining with absolute certainty what force was necessary to be used in resisting deceased, while the law justified him in using such force as it appeared to him from the surrounding circumstances to be reasonably necessary for that…
1Opinion of the CourtBungess, J.
— At the July term, 1898, of the circuit court of Dunklin county, the defendant was convicted of manslaughter in the second degree and his punishment fixed at five years’ imprisonment in the penitentiary, under an indictment theretofore preferred by a grand jury of said county charging him with having at said county on the. sixth day of April, 1897, shot and killed one Thomas Oden.
After unsuccessful motions for new trial and in arrest defendant appeals.
The homicide was committed on the sixth day of April, 1897, in Dunklin county. At that time Thomas Oden, Charles Hall, the defendant and his…
2Cases cited8 opinions
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- State v. PalmerSupreme Court of Missouri · 1886
- State v. HickamSupreme Court of Missouri · 1888
- State v. DierbergerSupreme Court of Missouri · 1888
- State v. LinneySupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. BrightmanWashington Supreme Court · 2005
- State v. BrightmanWashington Supreme Court · 2005
- Culpepper v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. KennedySupreme Court of Missouri · 1900
- State v. ChiarelloNew Jersey Superior Court Appellate Division · 1961
9 more not listed; retrieve them via the Exa API.