State v. Evans
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. John G-. Weak, Judge. The following is instruction number 2, given by the court of its own motion, referred to in the opinion: “No. 2. The right to defend one’s self against danger not of his own seeking, is a right which the law not only concedes but guarantees to all men. The defendant may, therefore, have struck the witness Lee Stewart with a knife and still be innocent of any offense against the law.
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Appeal from Dunklin Circuit Court. — Hon. John G-. Weak, Judge. The following is instruction number 2, given by the court of its own motion, referred to in the opinion: “No. 2. The right to defend one’s self against danger not of his own seeking, is a right which the law not only concedes but guarantees to all men. The defendant may, therefore, have struck the witness Lee Stewart with a knife and still be innocent of any offense against the law. If, at the time he struck the said Stewart with a knife he had reasonable cause to apprehend on the part of said Stewart a design to do him some…
1Opinion of the Court
Shebwood, J. —
1. This'prosecution, which resulted in the conviction of defendant and his being sent to the penitentiary for two years, is bottomed on section 3489, Revised Statutes, 1889.
The charging portion of the indictment is the following:
“That Solomon D. Evans on or about the third day of September, A. D. 1893, in and upon the body of one Lee Stewart feloniously on purpose of his malice aforethought did make an assault, and with a deadly weapon, to wit, a knife of the length of six inches and of the width of one half an inch, and of the thickness of one eighth, the said Solomon D. Evans…
2Cases cited2 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. RectorSupreme Court of Missouri · 1894
3Cited by7 opinions
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. HopperSupreme Court of Missouri · 1898
- State v. AdlerSupreme Court of Missouri · 1898
- State v. BarnesSupreme Court of Missouri · 1920
- Missouri v. JumpMissouri Court of Appeals · 1914
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