State v. Hopkins
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. E. P. Dorris, Judge. (1) There was no evidence whatever that the rock used by the defendant was a deadly weapon, except the exhibition of the “bloody rock” brought into court by the State’s witness, Lon Callison, which was never connected with the defendant. The court therefore erred in not instructing the jury on common assault.
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Appeal from Howell Circuit Court. — Hon. E. P. Dorris, Judge. (1) There was no evidence whatever that the rock used by the defendant was a deadly weapon, except the exhibition of the “bloody rock” brought into court by the State’s witness, Lon Callison, which was never connected with the defendant. The court therefore erred in not instructing the jury on common assault. State v. Schloss, 93 Mo. 361; State v. West, 6 Jones (N. C.), 505; 2 Bishop on Criminal Law, see. 681; State v. Harris, 209 Mo. 423. (2) An instruction that concedes the right of self-defense is destroyed by adding the words:…
1Opinion of the CourtWilliams, P. J.
Upon an information charging him with assault with intent to kill, upon one Cledy Fox, defendant was tried in the Circuit Court of Howell County, found guilty, and his punishment was assessed at a fine of $100.
The evidence upon the part of the State may be summarized as follows:
The assault occurred on Sunday, May 26, 1918, near a country church in Howell County. The defendant and the prosecuting witness, Fox, were young men, living in that neighborhood, and on the day in question attended Sunday School at the country church. The prosecuting witness left the church first, and after going down…
2Cases cited4 opinions
- State v. GordonSupreme Court of Missouri · 1905
- State v. BanksSupreme Court of Missouri · 1914
- State v. RappSupreme Court of Missouri · 1898
- State v. HollingsworthSupreme Court of Missouri · 1900
3Cited by16 opinions
- State v. WilliamsSupreme Court of Missouri · 1935
- State v. StidhamSupreme Court of Missouri · 1957
- State v. StogsdillSupreme Court of Missouri · 1929
- State v. ParrSupreme Court of Missouri · 1922
- State v. CreedSupreme Court of Missouri · 1923
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