State v. Alley
| Decision Date | 31 October 1878 |
| Citation | 68 Mo. 124 |
| Parties | THE STATE v. ALLEY, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Wayne Circuit Court.--HON. R. P. OWEN, Judge.
Indictment for an assault with intent to kill. The evidence, on the part of the State, tended to prove that defendant went to a store at Coldwater, in Wayne county, to buy coal oil; that as he entered the door, one Wakefield, who was already there, called out from the opposite side of the store, “There is Cal. Alley, the damned _____,” and then approaching within five or six feet of defendant, repeated “You are a damned _____,” at the same time leaning forward towards him; that defendant, without saying a word, drew a pistol and fired three shots, two of which took effect upon by-standers, wounding them; and that Wakefield was unarmed; and there was nothing about him to lead one to suppose he was armed.
The evidence, on the part of the defendant, tended to prove that when he entered the store he said nothing except “Good evening, gentlemen,” then walked directly to the counter and asked for the oil; that Wakefield was about eighteen feet from him at this time; that when defendant fired Wakefield had come within two or three feet of him, and was leaning over towards defendant with his hands thrown back of his hips; that it was about sundown, and the light was not good in the room; that defendant supposed Wakefield intended to do him some great bodily harm; that defendant was much excited, and only thought of protecting himself when he fired, and that Wakefield, when the first shot was fired, stooped down behind the stove and said “Shoot and be damned.”
Instructions Nos. 1. given by the State, is as follows: “If the jury are satisfied from the evidence that the defendant, William C. Alley, in the county of Wayne, State of Missouri, did, at any time within three years next before the finding of the indictment in this case, on purpose and of malice aforethought, shoot at John B. Wakefield with a pistol, with intent to kill the said Wakefield, they ought to find said defendant guilty, and assess his punishment to imprisonment in the penitentiary for any period not exceeding ten years, nor less than two years.”
Instructions Nos. 1 and 2, asked by the defendant and refused by the court, are as follows: No. 1. ...
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