State v. Hancock

• Citation: 50 S.W. 112,148 Mo. 488
• Parties: STATE v. HANCOCK.
• Decision Date: 07 March 1899
• Court: United States State Supreme Court of Missouri

50 S.W. 112

148 Mo. 488

STATE v. HANCOCK.

Supreme Court of Missouri, Division No. 2.

March 7, 1899.

MURDER — SELF-DEFENSE — EVIDENCE — APPEAL — INSTRUCTIONS — HARMLESS ERROR — CONTINUANCE — BILL OF EXCEPTIONS — VIEW BY JURY.

1. Defendant testified that he fired, after deceased had drawn a revolver. Defendant fired five times, the first shot merely producing an abrasion on deceased's nose, while the second entered his back, near the spinal column, between the ribs and hips. Held insufficient to justify an instruction on self-defense, defendant's testimony being inconsistent with the physical facts.

2. The giving of an instruction on self-defense, where there was no evidence to justify it, is not error of which defendant can complain.

3. One accused of murder is not entitled to have the jury view the premises where the homicide occurred, in the absence of any statute conferring such a right.

4. A refusal of a continuance will not be considered, where the application therefor is not incorporated in the bill of exceptions.

Appeal from St. Louis circuit court; William Zachritz, Judge.

Matthew Hancock was convicted of murder, and he appeals. Affirmed.

L. C. Jones and H. E. Hofers, for appellant. The Attorney General, for the State.

BURGESS, J.

In March, 1898, defendant was convicted, in the circuit court of the city of St. Louis, of murder in the first degree, and his punishment fixed at death, for having, on the 25th day of July, 1897, at said city, shot and killed, with a pistol, one George Horton. The defenses were insanity and self-defense. From the judgment and sentence defendant appeals.

At about 5:30 o'clock on Sunday evening, July 25, 1897, the deceased was sitting in the office of George Bell, a ticket broker at No. 1813A Market street, in the city of St. Louis, where he was employed, and in charge of the office at the time, when the defendant and another negro approached the front door, and defendant inquired of C. R. Bell, another employé in the office, for George Horton, and, being informed that he was in the office, defendant walked in, while the other negro remained outside on the street, and approached Horton, who was then sitting upon a stool, reading a newspaper, and says to him, "Where do you live?" in answer to which Horton asked, "Who wants to know?" Defendant replied: "You tell me where you live, and I'll tell you who wants to know." Horton then said: "I won't tell you anything. I don't want you spying on me at all. I want you to let my business alone." Some other words of a similar character occurred between the parties, when deceased ordered defendant out of the house, and, upon his refusal to go, struck him in the mouth with his fist, when they grappled and fell to the floor, Horton being on top. Defendant then said to Horton, `Let me alone, and I'll get out, and won't bother you no more." Horton then let him up, when defendant went out to where his companion was on the sidewalk, and felt all over his pockets on the outside, as if feeling for a pistol, and, not finding one, he pulled off his coat, threw it at the other negro, and started back into the office where Horton was; and, being warned by Horton not to come in, and if he did he would get hurt, defendant said, "Well, I'll get you," and started off east, up Market street, in company with the other negro. In about 30 minutes he came running into the office, and, as he passed in through the door, he pulled a pistol from his pocket, and, without saying a word, rushed up to Horton, who was sitting upon the same stool that he was sitting upon when defendant first approached him, with his back to defendant, reading, and fired one shot, which powder-burned his face, and produced an abrasion on the right side of the nose; whereupon Horton turned his back more to defendant, who then fired another shot, which entered below the ribs, and above the hip, on the right side of the backbone, perforating the small intestine, from the effects of which Horton died at said city on the 29th day of July next thereafter. When defendant fired the second shot, Horton fell from the stool upon which he had been sitting, and rolled under the counter, but defendant leaned over so that he could see him, and continued to shoot at him until he emptied the pistol, which he stated to a police officer, while under arrest, that he "soaked" his coat to get to kill him, although he testified on the trial that he had it all the time. Immediately after the...