State v. Crabtree

• Decision Date: 01 July 1892
• Citation: 20 S.W. 7,111 Mo. 136
• Parties: STATE v. CRABTREE.
• Court: Missouri Supreme Court

20 S.W. 7

111 Mo. 136

STATE v. CRABTREE.

Supreme Court of Missouri, Division No. 2.

July 1, 1892.

HOMICIDE — INSTRUCTIONS — EVIDENCE — THREATS — DYING DECLARATIONS.

1. Defendant was convicted of murder, on evidence showing that he shot the deceased while the two were having a scuffle. The state's evidence was that he shot the deceased in the back, without provocation. The defendant's testimony tended to prove that he shot him in self-defense. Held, that it was reversible error to fail to instruct the jury in regard to manslaughter.

2. Where defendant and deceased have been on friendly terms till the day of the homicide it is error to admit evidence of general threats made by defendant some time before the homicide.

3. Dying declarations, made by the deceased on the evening he was shot, under the belief that death was impending, are admissible, though the deceased survived for some time thereafter.

Appeal from circuit court, Gasconade county; RUDOLPH HIRZEL, Judge.

Indictment of Louis Crabtree for murder. Defendant was convicted, and he appeals. Reversed.

Thos. B. Crews, for appellant. The Attorney General, for the State.

THOMAS, J.

The defendant appeals from a sentence to imprisonment in the penitentiary for 45 years by the circuit court of Gasconade county, for murder of the second degree. The evidence on the part of the state tended to prove that defendant had been an employe of the St. Louis & San Francisco Railway Company, but at the time of the homicide had quit that service. That Louis H. Wilmers, the deceased, was a police officer of the city of St. Louis, and, being dressed in the uniform of such officer, approached defendant on the evening of August 25, 1890, at a saloon on the corner of Chouteau avenue and Manchester road, in that city, and told him he had been informed he had a pistol, and, if he had, it was his duty to arrest him. Defendant denied having a pistol. The officer then felt of his person, and defendant shoved him off, causing the officer to stagger. Defendant ran across the street, and down to the railroad yards, and was followed a short distance by the officer, who returned, however, in a short time to the saloon. In about 20 minutes afterwards the officer went to the railroad yards, and the defendant met him, pistol in hand, and said, "I have got you now, and I will give it to you." The officer closed in on him, and the defendant shot him in the back, and then stood over him for a second, and said, "I will blow your head off, God damn you," and ran away, and the officer shot at him as he ran. The defendant left on a freight train that night, and was arrested a day or two afterwards in Dent county, Mo. To the officer having him in custody he stated he was drunk when he shot, and that the officer struck him several times with his club. It does not appear that the officer made any attempt to arrest defendant at the time of the difficulty, and up to that evening they had been acquaintances and on friendly terms. The officer survived some time, but finally died of the wound inflicted on him on this occasion by defendant...