State v. Elkins
Supreme Court of Missouri
Jlppealfrom Webster Circuit Court. Evidence of threats made by the deceased against the accused, although not proven to have been communicated to the prisoner before the killing, are admissible in all cases, where the acts of the deceased in -reference to the fatal meeting are of a doubtful character, or where evidence has been given making it a question for the jury whether the killing was done in self-defense or not.
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Jlppealfrom Webster Circuit Court. Evidence of threats made by the deceased against the accused, although not proven to have been communicated to the prisoner before the killing, are admissible in all cases, where the acts of the deceased in -reference to the fatal meeting are of a doubtful character, or where evidence has been given making it a question for the jury whether the killing was done in self-defense or not. (People vs. Stokes, 53 N. Y. 175 ; Keener vs. State, 18 Ga. 194; Holler vs. State, 37 Ind. 57; Dukes vs. State, 11 Ind. 557 ; Campbell vs. People, 16 III. 17 ; People vs.…
1Opinion of the CourtWagner, Judge
The defendant was convicted of murder in the second degree, and has assigned for error in this court various rulings upon the trial in reference to the admission and rejection of testimony, and also in regard to the giving and refusing of instructions.
Before we proceed, however, to notice these points, a preliminary question is raised relating to the action of the court in determining defendant’s application for a change of venue, which may be considered. The indictment was found, in Taney county, and a change of venue was awarded to the defendant to the circuit court of Barry county, on the…
2Cited by50 opinions
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Shular v. StateIndiana Supreme Court · 1886
- State v. PalmerSupreme Court of Missouri · 1886
- McFadin v. CatronSupreme Court of Missouri · 1894
- People v. FarrellMichigan Supreme Court · 1904
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