Legal Opinion

State v. Henson

Missouri Court of Appeals

Decided June 13, 1977No. 10368PublishedCited by 10 opinions

1Opinion of the Court

FLANIGAN, Judge.

John Dale Henson, charged as a second offender, was found guilty by a jury of the second degree murder of his 14-year-old nephew Jackie Fletcher. Judgment was entered on the verdict and defendant received a sentence of 35 years. Defendant appeals.

Defendant’s first point is that the trial court erred in refusing to instruct the jury on the issue of self-defense. The trial court did instruct the jury on excusable homicide, (MAI-CR. 2.28 “The Killing of Another by Accident or Misfortune”).

If there was substantial evidence of self-defense, the trial court was required to instruct…

2Cases cited18 opinions

  1. State v. SandersSupreme Court of Missouri · 1976
  2. State v. SherrillMissouri Court of Appeals · 1973
  3. State v. JacksonMissouri Court of Appeals · 1975
  4. State v. PealSupreme Court of Missouri · 1971
  5. State v. JohnsonSupreme Court of Missouri · 1882

13 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. John Dale Henson v. Donald Wyrick, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1980
  2. State v. TylerMissouri Court of Appeals · 1979
  3. State v. ThomasSupreme Court of Missouri · 2005
  4. State v. BosticSupreme Court of Missouri · 1981
  5. State v. SwearinginMissouri Court of Appeals · 1978

5 more not listed; retrieve them via the Exa API.

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