State v. Woods

• Decision Date: 20 December 1888
• Citation: 97 Mo. 31,10 S.W. 157
• Parties: STATE v. WOODS.
• Court: Missouri Supreme Court

10 S.W. 157

97 Mo. 31

STATE v. WOODS.

Supreme Court of Missouri.

December 20, 1888.

1. HOMICIDE — MURDER — EVIDENCE.

Defendant and deceased engaged in a fight, were separated, and defendant went into a neighboring store, remaining there 10 minutes. On emerging, defendant said he could "lick any s___ of a b___ over there, "pointing toward the place where deceased was; and, on being told by his companion to go home, said, "Give me the knife, and I will," and also said, "I will go over there and kill the d___ s___ of a b___." Defendant was handed something by his companion, and, after moving away, returned to the building where deceased was, and insisted on entering, saying he had lost a button in it. Deceased then appeared, and struck defendant with a board. Defendant grappled with and fatally stabbed him. The fight had occurred outside. Held, that a verdict of murder in the second degree was warranted.

2. SAME — INSTRUCTIONS — KILLING IN PASSION.

The court having charged that the instant killing, in a violent passion engendered by the previous occurrence, is not murder in the first degree, it is not error to refuse to charge that the space of 10 or 15 minutes is not deemed sufficient for the passion to subside.

3. CRIMINAL LAW — TRIAL — REFUSAL OF INSTRUCTIONS.

It is not error to refuse instructions upon a subject upon which sufficient instructions have already been given.

Appeal from St. Louis criminal court; GARRET S. VAN WAGGONER, Judge.

Thomas B. Harvey, for appellant. B. G. Boone, Atty. Gen., for the State.

NORTON, C. J

At the May term, 1885, of the criminal court for the city of St. Louis, defendant was tried and convicted of murder in the second degree, for killing one Joseph Hunter, and from the judgment has appealed.

The evidence tends to show that Joseph Hunter, the deceased, who was a colored man, was at work as a porter in the Drew Glass Company's building in the city of St. Louis, and while at work there, on the 5th of December, 1882, the defendant, in company with one Stith, came along. That some angry words passed between the defendant and said Hunter, culminating, according to the evidence of some of the witnesses, in a fight on the platform in front of the door leading into the Drew Company's building. That one Maloney, an employe of the company, interfered, and the parties were separated at said door, Hunter resuming his work in the building; Woods, the defendant, and Stith, his companion, going across the street to a grocery store, or a saloon in the rear thereof, where they remained some ten or more minutes, and on coming out Woods, as testified to by witness Banks, said: "I can lick any son of a bitch over there," pointing towards the Drew Company's building. That his companion (Stith) said to him, "Come on home;" to which Wood replied, "Give me the knife, and I will go home." Stith then said, "Will you be sure to come now?" and Woods said, "Yes." Witness stated that Stith then handed Wood something, and both of them started south, and that when he again noticed them they had turned north, and were going back towards the Drew Company's building. This witness further testified that when Woods asked Stith for the knife he said: "Give me the knife, and I will go over there and kill the damned son of a bitch," or "black son of a bitch." The testimony of this witness, as to the knife, was corroborated by Richard Coats. When Woods and Stith got back to the door of the building, one Sheehan, who was at work for the glass company, stepped to the door, and put his hands on each side of the door-facing, to prevent Woods from coming into the house. Woods insisted upon going in, claiming that he had lost a collar-button in...