State v. Phillips

Decision Date07 March 1911
Citation135 S.W. 4,233 Mo. 299
PartiesSTATE v. PHILLIPS.
CourtMissouri Supreme Court

Appeal from Circuit Court, Clark County; Charles D. Stewart, Judge.

Joseph Phillips was convicted of assault with intent to kill, and he appeals. Reversed, and new trial ordered.

The defendant was convicted in the circuit court of Clark county for assaulting with intent to kill one Harvey Reed; and from a judgment fixing his punishment at two years in the penitentiary brings the case here by appeal. On the part of the state the evidence tends to prove that on the 26th of March, 1909, the defendant was running a drug store in the village of Winchester, in Clark county, and on that day one Harvey Reed, who resides near that village, went into defendant's drug store to use his telephone, but failed to reach the parties with whom he sought to communicate. He spent the day at other business houses in Winchester, during which time he obtained and drank some whisky. About 6 o'clock in the afternoon of that day Reed returned to defendant's drug store, and when he attempted to enter same defendant shot at him with a revolver, which shot, however, did not take effect. After cursing Reed and warning him to stay out, defendant shut the door. Thereupon Reed went to the street and procured a large rock, which he hurled through a glass door of the store at defendant. Defendant then shot at Reed again, wounding him in the face. Reed then threw two other rocks at defendant, and was again shot in the face. From the wounds inflicted by defendant Reed was confined to a hospital about five weeks. Reed testified that he was on friendly terms with defendant, and was starting into his store to again use his telephone, when the first shot was fired. Defendant testified that there had been an unfriendly feeling between Reed and himself, and that Reed came to the store in a drunken condition, and tried to cut him with a knife; that he did not shoot at Reed until the latter threw the first rock, and then he shot at him four times. Part of the evidence for both state and defendant is somewhat improbable, but we will not invade the province of the jury by undertaking to weigh its probative force. After def...

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114 cases
  • State v. Davis
    • United States
    • Missouri Supreme Court
    • July 11, 1935
    ... ... Dengel, 248 S.W. 605; State v. Thompson, 238 S.W. 117; State v. Goodwin, 217 S.W. 267; State v. Isaacs, 187 S.W. 22; State v. Ackley, 183 S.W. 293; State v. Webb, 162 S.W. 628, 254 Mo. 414; State v. Wellman, 161 S.W. 800, 253 Mo. 302; State v. Hess, 144 S.W. 491, 240 Mo. 147; State v. Phillips, 135 S.W. 6, 233 Mo. 299; State v. Clapper, 203 Mo. 553, 102 S.W. 56; State v. Spivey, 191 Mo. 113, 90 S.W. 81; State v. Woolard, 111 Mo. 255, 20 S.W. 27; State v. Ulrich, 110 Mo. 365, 19 S.W. 656; State v. Jackson, 95 Mo. 654, 8 S.W. 749. (4) The State was allowed to improperly cross-examine ... ...
  • State v. Spinks, 36208.
    • United States
    • Missouri Supreme Court
    • February 21, 1939
    ... ... (2d) 37; State v. Houston, 263 S.W. 225; State v. Connor, 252 S.W. 722; State v. Dengel, 248 S.W. 605; State v. Thompson, 238 S.W. 117; State v. Goodwin, 217 S.W. 267; State v. Isaacs, 187 S.W. 22; State v. Ackley, 183 S.W. 293; State v. Hess, 144 S.W. 491, 240 Mo. 147; State v. Phillips, 135 S.W. 6, 233 Mo. 299; State v. Clapper, 102 S.W. 58, 203 Mo. 553; State v. Spivey, 90 S.W. 89, 191 Mo. 113; State v. Woodlard, 20 S.W. 29, 111 Mo. 255; State v. Ulrich, 19 S.W. 660, 110 Mo. 365; State v. Johnson, 22 S.W. 463, 115 Mo. 480 ...          Roy McKittrick, Attorney ... ...
  • Davis v. Stamper Co., 37204.
    • United States
    • Missouri Supreme Court
    • March 13, 1941
    ... ... State ex rel. K.C. Southern Ry. Co. v. Shain, 1055 S.W. (2d) 915; Dempsey v. Horton, 84 S.W. (2d) 621; Woods v. Moore, 48 S.W. (2d) 202; Dove v. A., T. & ... St. Louis & H. Ry. Co., 206 S.W. 244; Davis v. Quermann, 22 S.W. (2d) 58; Stroud v. Doe Run Lead Co., 272 S.W. 1080; Burton v. Phillips, 7 S.W. (2d) 712; Kirkpatrick v. Wells, 319 Mo. 1040, 63 S.W. (2d) 591; Asadorian v. Sayman, 282 S.W. 507; Smith v. St. L. & S.W. Ry. Co., 31 S.W ... ...
  • State v. Davis
    • United States
    • Missouri Supreme Court
    • July 11, 1935
    ... ... Thompson, 238 S.W. 117; State v ... Goodwin, 217 S.W. 267; State v. Isaacs, 187 ... S.W. 22; State v. Ackley, 183 S.W. 293; State v ... Webb, 162 S.W. 628, 254 Mo. 414; State v ... Wellman, 161 S.W. 800, 253 Mo. 302; State v ... Hess, 144 S.W. 491, 240 Mo. 147; State v ... Phillips, 135 S.W. 6, 233 Mo. 299; State v ... Clapper, 203 Mo. 553, 102 S.W. 56; State v ... Spivey, 191 Mo. 113, 90 S.W. 81; State v ... Woolard, 111 Mo. 255, 20 S.W. 27; State v ... Ulrich, 110 Mo. 365, 19 S.W. 656; State v ... Jackson, 95 Mo. 654, 8 S.W. 749. (4) The State was ... allowed to ... ...
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