State v. Isaacs
| Citation | 187 S.W. 21 |
| Decision Date | 31 May 1916 |
| Docket Number | No. 19388.,19388. |
| Parties | STATE v. ISAACS. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Dallas County; C. H. Skinker, Judge.
Alfred Isaacs was convicted of manslaughter in the fourth degree, and he appeals. Reversed and remanded.
Defendant was charged by indictment with having taken the life of one William Campbell in Dallas county, this state, under such circumstances as to constitute murder in the second degree. He was convicted of manslaughter in the fourth degree, and sentenced to imprisonment in the penitentiary for a term of two years. He admitted the killing, but attempted to justify the act upon the ground of self-defense.
The state's evidence is that the deceased, his brother, and defendant, together with others, were, on the evening of the difficulty, attending an entertainment; that during the progress thereof these three persons, at different times, left the house, and soon thereafter the deceased and his brother accosted the defendant and inquired of him as to whether he had retracted certain alleged false statements concerning their younger sister. Upon receiving a negative reply, the deceased, after releasing himself from the hold of his brother, rushed towards and struck at defendant. Defendant ran, and deceased followed at close proximity. Running thus a distance of 20 or 25 yards, the defendant drew from his pocket a pistol and fired a shot, causing almost instant death.
The body and wearing apparel of the deceased was soon thereafter examined, and no weapons of any kind were found. An inspection was also made of the surrounding premises, and no weapons found. Several hours later, however, and after the arrival of the officers, and many other persons, a weapon, to wit, "knucks," was found near the body and at a place that had been previously inspected. This weapon is described as a "constructed pair of knucks made out of a corn-planter plate." The state then proved by one Duncan that something like a year prior to the difficulty he had placed an instrument, which he thought was the one found near the body of deceased, in an outhouse belonging to him, and that later, and some time prior to the difficulty, he found in this outhouse a couple of bundles of wearing apparel, which, he says, the defendant later called for and claimed as his own, stating, at the time, that he had, prior thereto, left these in the outhouse where the witness had placed the instrument referred to. After this testimony was offered, and received without objection, and after full cross-examination in relation thereto, defendant moved the court to strike the same out, alleging that it was immaterial and did not tend to prove any issue in the case.
On the part of the defendant, the evidence tends to show that, when he was approached by the deceased and his brother and asked as to whether he had made retraction of his alleged false statements, he not only said he had not, but also that he had neither said nor thought of anything derogatory of the character of the girl, whereupon the deceased assaulted him and knocked him to the ground; that in his efforts to avoid further difficulty he ran and was pursued by the deceased, until deceased was so close to him that he shot in order to protect himself. He also offered evidence tending to show that, on prior occasions, the deceased had stated that he was "looking for" him (the defendant), and that he would do him bodily harm, because of certain things he had said about the sister. These statements he testified had been communicated to him, and that on one prior occasion he had left a public meeting because he had been told that the deceased was then "looking for" him.
The coroner testified that on the day following the killing he saw the defendant and observed a small puncture just above the left ear, and a cut in the cap which defendant wore, corresponding in position to the cut on the ear; that such a puncture and cut could have been made by an instrument or weapon like the "knucks" which were found near the body of the deceased.
O. H. Scott and John S. Haymes, both...
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