State v. Hicks
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — No». Asbury Burkhead, Judge. (1) The court erred in giving instruction 21. The error in this instruction is this: it does not go far enough and for that reason is erroneous and misleading.
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Appeal from Douglas Circuit Court. — No». Asbury Burkhead, Judge. (1) The court erred in giving instruction 21. The error in this instruction is this: it does not go far enough and for that reason is erroneous and misleading. (2) While it is true that the law of self-defense does not imply the right of attack, yet under the law the defendant was entitled to a further instruction that if he entered into the difficulty without the intent to kill the deceased, then he would only be guilty of manslaughter in the fourth degree. State v. Pennington, 146 Mo. 27. Undoubtedly the defendant had the…
1Opinion of the CourtBurgess, J.
From, a conviction of murder .in the second degree, and the assessment of his punishment at ten years’ imprisonment in the penitentiary, under an information filed by the prosecuting attorney of Douglas county, in the office of the clerk of the circuit court of said county, charging the defendant, Columbus Hicks, with having at said county on the first day of December, 1901, shot to death with a rifle gun one Hez Clay, defendant appeals.
At the time of the homicide, and for many months prior thereto, the deceased and defendant’s sister, Ghristeeny Hicks, were engaged to he married, and were to…
2Cases cited3 opinions
- State v. BonnerSupreme Court of Missouri · 1903
- State v. PohlSupreme Court of Missouri · 1902
- State v. HancockSupreme Court of Missouri · 1899
3Cited by10 opinions
- State v. BrownSupreme Court of Missouri · 1904
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
- State of Missouri v. Andrew BarnettSupreme Court of Missouri · 2019
- State v. BrownSupreme Court of Missouri · 1924
- State v. BrutonSupreme Court of Missouri · 1913
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