State v. Swanagan
| Decision Date | 28 March 1892 |
| Parties | STATE v. SWANAGAN. |
| Court | Missouri Supreme Court |
On a trial for murder, it appeared that deceased's son had quarreled with defendant and his brother; that the son was beaten by defendant's brother; and that deceased, when he learned of this, said he would go and see what defendant and his brother had against his son. It was further shown that deceased, with two others, started on horseback, and met defendant and his party; that one of deceased's friends, with the remark, "We will settle this right here," got off his horse, hitched it, and pulled off his coat; and that deceased came up at the same time, and also dismounted, and threw his bridle rein over his horse's head, and was still standing holding it when defendant shot and killed him and his friend. It further appeared that none of deceased's party was armed, and that none of defendant's party was in any immediate danger. Held, that a verdict of guilty of murder in the second degree would not be disturbed.
Appeal from circuit court, Camden county; W. I. WALLACE, Judge.
John Swanagan was convicted of murder, and appeals. Affirmed.
John A. Blevins, for appellant. John M. Wood, Atty. Gen., for the State.
This is an appeal from the sentence by the circuit court of Camden county, in February, 1891, of the defendant to imprisonment in the penitentiary for a term of 10 years, for murder of the second degree. The testimony shows that the defendant, his brother Robert, and Mark Shaw had been living in the neighborhood where the deceased lived for only a short while prior to the difficulty. Their principal business while there seems to have been trapping. A few days prior to the homicide the defendant accused Everett Hurst, a boy 18 years of age, and a son of the deceased Edward C. Hurst, of stealing some of his traps. The boy denied the charge. On Sunday morning, between 9 and 10 o'clock, Everett Hurst was on his father's place at an old house about a quarter of a mile from his father's residence, feeding some cattle, when the defendant, his brother Robert, and Mark Shaw came up to where he was, and engaged in a conversation with him. During the course of the conversation Everett asked defendant if he still accused him of stealing his traps, to which defendant replied that he did, Everett, in turn, telling him that he was a "damned liar." Robert Swanagan then said to Everett that he could not call him a liar, and at the same time assaulted him, striking him three or four blows. Everett did not strike back. From there Everett returned home, and told his mother about the difficulty he had had with the Swanagans, who thereupon informed the boy's father. Deceased then said he would go and see what they had against Everett, and, putting on his hat, went out to the barn where Everett...
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