State v. Phelps
This text of 76 Mo. 319 (State v. Phelps) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant was indicted for murder in the first degree for the killing of one William Jett, and was convicted of murder in the second degree. The court instructed the jury that if the defendant maliciously shot and killed Wm. Jett on the 7th day of February, 1873, with a rifle-gun, the law presumes such killing to be murder in the second degree, unless it appears from the evidence such killing was justifiable on the ground of self-defense, or within some other degree of homicide. This instruction is not in harmony with the decisions of this court'in State v. Curtis, 70 Mo. 594; State v. Harris, 73 Mo. 287, and State v. Robinson, 73 Mo. 306, and the judgment of the circuit court will, therefore, be reversed and the cause remanded.
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Cite This Page — Counsel Stack
76 Mo. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-phelps-mo-1882.