¶1 (concurring)'. — I agree there is evidence tending to prove facts justifying the giving of an instruction on the law of imperfect self-defense, hut dissent from the ruling that there is no substantial evidence tending to prove appellant acted in the exercise of the right of perfect self-defense. In my opinion there was such evidence. "Whether it was worthy of credence was a question we are unauthorized to decide. That was for the jury. The instruction set out in the majority opinion is bad for the reasons given and for others. I concur in the result of the majority opinion.
280 Mo. 669
217 S.W 988
State v. Roberts
Decided January 26, 1920
Supreme Court of Missouri · decided 1920-01-26
— Hon. David H. Harris, Judge. (1) The court erred in giving Instruction 12 for the reason that it erroneously set forth the law as applied to the facts in this case in the following particulars: (a) Said instruction thus stated the law of th quantum of force and resistance defendant was justified in using.
Good law ✅— No negative treatment on recordhow we know
Reversed and remanded · Decided 1920-01-26
How this case has been cited
Cited by 17 later decisions — most recently August 1977
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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