Rounds & Porter Lumber Co. v. Sherry, 19 P.2d 177 (Okla. 1933). · Go Syfert
Search
Rounds & Porter Lumber Co. v. Sherry, 19 P.2d 177 (Okla. 1933). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case, last quoted 1984 · …the danger which will justify the killing of a human being must be actual, present and urgent, and appear to a reasonable mind to be actual, present and urgent ⚠ not in text
cited 2× by 1 distinct case, last quoted 1984 · …the jury is instructed that in order to excuse the defendant on the ground of self-defense, there must be some act or declaration at the time of the killing of the person on the part of the deceased to kill him or to do him great bodily harm ⚠ not in text
37 citation events (3 in the last 25 years) across 5 distinct courts.
Strongest positive: Patterson v. State (wyo, 1984-06-13)
Treatment trajectory · 1933 → 2026 · click a year to view as-of
1933 1979 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (rule) Patterson v. State (4×)
Wyo. · 1984 · confidence medium
"When the evidence presents the theory of apparent danger, `an instruction which limits the right of self-defense to actual or real danger alone is erroneous.' State v. Radon, 45 Wyo. 383 , 19 P.2d 177, 182 (1933)." The question of reasonableness of the defendant's belief is, of course, for the jury.
examined Cited as authority (rule) Jahnke v. State (4×)
Wyo. · 1984 · confidence medium
"When the evidence presents the theory of apparent danger, `an instruction which limits the right of self-defense to actual or real danger alone is erroneous.' State v. Radon, 45 Wyo. 383 , 19 P.2d 177, 182 (1933)." [2] See infra Ibn-Tamas v. United States, D.C.App., 407 A.2d 626 (1979) for a "beyond the ken of the average layman" discussion. [3] In Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916), we said: "* * * The assault must be of such character as to create in the mind of the defendant a reasonable belief that the danger is imminent and that it is necessary to take the life of his …
cited Cited "see" Causey v. State
Wyo. · 2009 · signal: see · confidence high
See Radon, 19 P.2d at 182 , Bristol, 84 P.2d at 765-66 , and Cullin, 565 P.2d at 451 .
Retrieving the full opinion text from the archive…
ROUNDS & PORTER LUMBER CO.
v.
SHERRY Et Al.
22465.
Supreme Court of Oklahoma.
Feb 14, 1933.
19 P.2d 177
1933 Okla. LEXIS 508
Hudson & Hudson, for plaintiff in error., E. G. Wilson and Roy Sherry, for defendants in error.
PER CURIAM..
Published
PER CURIAM.

On the 15th day of June, 1931, appellant filed petition in error with case-made attached, appealing from a judgment entered in favor of defendant in district court of Tulsa county, Okla., under date of December 18, 1930. Motion to dismiss this appeal was filed June 25, 1931, and response thereto July 20, 1931; a reply to the response was filed on the same date. The motion to dismiss urges, first, that no notice of appeal was given; and second, that the case-made was not served and settled within any extension of time under the law.

Movant cited the case of Minnetonka Oil Co. v. Cleveland Vitrified Brick Co., 48 Okla. 156, 149 P. 1136, the syllabus of which is as follows:

“It is not necessary to file a motion for new trial before bringing to this court for review a ruling of the court sustaining an objection to the introduction of any evidence and judgment dismissing the case.”

See, to the same effect, the case of Clapper v. Putnam Co., 70 Okla. 99, 158 P. 297. It is the order of the court that the motion to dismiss be granted and the judgment of the lower court affirmed.