State v. Stout
Decision Date | 31 January 1861 |
Citation | 31 Mo. 406 |
Parties | THE STATE, Respondent, v. STOUT, Appellant. |
Court | Missouri Supreme Court |
1. It is unusual for the court to point out a particular witness and tell the jury to disregard his testimony, if they think he has testified falsely in one particular; and when this is done and all instructions upon the defence which the witness' testimony tends to establish are refused, it is clearly erroneous and a good ground for reversal.
Appeal from Phelps Circuit Court.
The defendant was indicted under the statute for an assault upon one Pleasant Caps. At the trial defendant offered Henry Caps as a witness to prove that Pleasant Caps had fired a pistol, drawn a knife, and did other acts which threw the defendant on the defensive. The court gave this instruction for the State: The instruction refused for defendant is in these words:
Waddill, for appellant.
Knott, (attorney general,) for the State.
The refusal of the court to give the third instruction asked by the defendant, taken in connection with the seventh given for the State, had a tendency to withdraw from the jury altogether the question of self-defence. It is not usual for a court to point out a particular witness and tell the jury to disregard his testimony, if they think he has testified falsely in any material particular; and when this is done, and all instructions upon the defence which this witness' testimony tends to establish are refused, the jury must understand the court to be of opinion that no case of self-defence is made out; in other words,...
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