State v. Turnbo
Decision Date | 31 December 1924 |
Docket Number | No. 25641.,25641. |
Citation | 267 S.W. 847 |
Parties | STATE v. TURNBO. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Ozark County; Fred Stewart, Judge..
Ray Turnbo was convicted of assault with malice aforethought and with a deadly weapon with intent to kill, and he appeals. Reversed and remanded for new trial.
William D. Roberts and Green, Green & Green, all of West Plains, for appellant.
Jesse W. Barrett, Atty. Gen. (Ellison A. Poulton, of Canton, of counsel), for the State.
Defendant was convicted in the circuit court of Ozark county of the crime of assault, with malice aforethought and with a deadly weapon, with intent to kill one Jim Crabtree. The jury fixed his punishment at imprisonment in the state penitentiary for a period of three years. From the judgment rendered upon such verdict, defendant has appealed.
The learned Attorney General and counsel for defendant are in substantial agreement as to the facts. We quote from the brief of the Attorney General as follows:
I. Defendant makes four assignments of error in his brief. The chief complaint is the refusal of the trial court to give defendant's requested instruction upon self-defense. The learned Attorney General confesses error in this respect, and we fully agree with him therein.
Where there is any evidence of facts tending to show that defendant acted in self-defense, an...
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State v. Gadwood, 34750.
......State v. Nelson, 231 S.W. 590; State v. Wiegmann, 236 S.W. 8. (g) Direct testimony on the point is not necessary to require the submission of a theory of justification supported by evidence. State v. Turnbo, 267 S.W. 847; State v. Helton, 234 Mo. 559, 137 S.W. 987; State v. Gabriel, 301 Mo. 365, 256 S.W. 765. (10) The trial court erred in permitting the prosecuting attorney, over defendant's objections, to make an improper, illegal and prejudicial argument to the jury. (a) Where, as here, there is no ......
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State v. Bongard
...for saying this case goes too far, though it is referred to approvingly and followed in State v. Turnbo (Mo.), 267 S.W. 847, 849. In the Turnbo case this court upheld the refusal of an on assault without malice. The complaining witness had not inflicted personal violence on the defendant, b......
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State v. Gadwood
...... theory of justification of which there is any evidence. State v. Nelson, 231 S.W. 590; State v. Wiegmann, 236 S.W. 8. (g) Direct testimony on the point. is not necessary to require the submission of a theory of. justification supported by evidence. State v. Turnbo, 267 S.W. 847; State v. Helton, 234 Mo. 559, 137 S.W. 987; State v. Gabriel, 301 Mo. 365,. 256 S.W. 765. (10) The trial court erred in permitting the. prosecuting attorney, over defendant's objections, to. make an improper, illegal and prejudicial argument to the. jury. (a) Where, as ......
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State v. Smith
...and turbulent when she was under the influence of intoxicating liquor. Such offer of evidence was denied by the court. State v. Turnbo, 267 S.W. 847; State v. Creighton, 330 Mo. l.c. 1198, 52 556; State v. Carroll, 333 Mo. l.c. 567, 62 S.W.2d 863; State v. Naylor, 40 S.W.2d l.c. 1085; 40 C.......