State v. Stockton
| Decision Date | 31 October 1875 |
| Parties | STATE OF MISSOURI, Respondent, v. JAMES P. STOCKTON, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Barton County Circuit Court
Nathan Bray, for Appellant, cited in argument, Wagn. Stat., 446, § 4; State vs. Sloan, 47 Mo,, 604; State vs. O'Conner, 31 Mo., 392-3.
Jno. A. Hockaday, Att'y Gen'l, for State, cited, 37 Mo., 343; 49 Mo., 282; 3 Blackst. Com., 129; 2 Arch. Crim. L., 44 a, and notes; 31 Mo., 117; 4 Tex., 260; 1 Russ., Crimes, 756; State vs. Sloan, 47 Mo., 612.
The defendant was convicted of assault with intent to kill, and the only ground of complaint now urged for a reversal, is the refusal of the court to give the second and fifth instructions.
The second instruction was given with an alteration made by the court, against the defendant's objection. It told the jury that if they believed from the evidence that A. J. Stockton struck the defendant with a large stick two feet long, and three or four inches in thickness, before the defendant struck the said A. J. with a knife, and that the stick was such a weapon as could or did inflict great personal injury on the defendant, and that there was reasonable cause to apprehend a design on the part of the said A. J. Stockton to do any great personal injury to the defendant, and that there was reasonable cause to apprehend immediate danger of such design being accomplished (and that such cutting was reasonably necessary to prevent it), then such cutting and striking by the defendant was justifiable, and the defendant should be found not guilty. The words included in brackets “and that such cutting was reasonably necessary to prevent it,” were inserted by the court, and of this the defendant complains.
The fifth instruction declared that it was a felony for one person in anger to strike another with a stick of the length of two feet, and of the thickness of two inches, if done in such manner as to inflict great personal injury, or if attempted to be so done, and if the jury believe from the evidence that the defendant cut and stabbed A. J. Stockton after he had struck the defendant with such a stick, with sufficient force to knock him down, or if they believed that there was reasonable cause on the part of the defendant to apprehend a design to commit a felony by said A. J. Stockton on him, or do him some great bodily injury, and that there was reasonable cause to apprehend immediate danger of such design being accomplished, then such cutting and stabbing was justifiable, and the verdict should be “not guilty.” The court had previously instructed for the defendant, that although the jury might believe from the evidence that the defendant cut and stabbed A. J. Stockton, yet if the same was done in self-defense, or not done feloniously, on purpose, and of his malice aforethought, the verdict should be in his favor.
The statute (Wagn. Stat., 446, § 4) makes homicide justifiable, where there shall be reasonable cause to apprehend a design to commit a felony, or to do some great personal injury, and there shall be reasonable cause to apprehend immediate danger of such design being accomplished. When a person apprehends that some one is about to do him great bodily harm, and there is reasonable ground for believing the danger imminent that such design will be accomplished, he may safely...
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