accidental self-defense doctrine (Missouri) · Go Syfert
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accidental self-defense doctrine in Missouri

5 Missouri opinions name it 2 courts 1936–2007 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
State v. Pealgreen
mo · 1971 · cited in 2 Missouri opinions naming this issue, 1976–1997
2 sentences

1997“Such an attempt to avoid the logic of the law by contending there was an ‘accidental shooting of self-defense’ has been rejected” by the supreme court in that such a defense “would require a combination of two diametrically opposite theories.” State v. Peal, 463 S.W.2d 840, 842 (Mo.1971).

1976State v. Peal, 463 S.W.2d 840 (Mo.1971).

12
State v. Whitchurchgreen
mo · 1936 · cited in 2 Missouri opinions naming this issue, 1971–1997
2 sentences

1997Missouri courts do not recognize the anomalous doctrine of accidental self-defense. 1 State v. Whitchurch, 339 Mo. 116 , 96 S.W.2d 30, 35 (Mo.1936).

1997Missouri courts do not recognize the anomalous doctrine of accidental self-defense. 1 State v. Whitchurch, 339 Mo. 116 , 96 S.W.2d 30, 35 (Mo.1936).

12
State v. Randolphgreen
mo · 1973 · cited in 1 Missouri opinions naming this issue, 2007–2007
2 sentences

2007State v. Avery, 120 S.W.3d 196, 201 (Mo. banc 2003), and State v. Randolph, 496 S.W.2d 257, 262 (Mo. banc 1973), also cited by the dissent in passing, likewise provide that accident and self-defense are inconsistent defenses.

2007State v. Avery, 120 S.W.3d 196, 201 (Mo. banc 2003), and State v. Randolph, 496 S.W.2d 257, 262 (Mo. banc 1973), also cited by the dissent in passing, likewise provide that accident and self-defense are inconsistent defenses.

11
State v. Averyred
mo · 2003 · cited in 1 Missouri opinions naming this issue, 2007–2007
2 sentences

2007State v. Avery, 120 S.W.3d 196, 201 (Mo. banc 2003), and State v. Randolph, 496 S.W.2d 257, 262 (Mo. banc 1973), also cited by the dissent in passing, likewise provide that accident and self-defense are inconsistent defenses.

2007State v. Avery, 120 S.W.3d 196, 201 (Mo. banc 2003), and State v. Randolph, 496 S.W.2d 257, 262 (Mo. banc 1973), also cited by the dissent in passing, likewise provide that accident and self-defense are inconsistent defenses.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Houcks green
moctapp · 1997
2 sentences

2007Houcks noted that accident and self-defense are “diametrically opposite theories” and that “Missouri courts do not recognize the anomalous doctrine of accidental self-defense.” Id.

2007Houcks noted that accident and self-defense are "diametrically opposite theories" and that "Missouri courts do not recognize the anomalous doctrine of accidental self-defense." Id.

12007–2007
State v. Smith green
mo · 1893
2 sentences

1936Rep. 511 ) and the law' does not recognize the anomalous doctrine of accidental self-defense. [State v. Smith, 114 Mo. 406 , 21 S. W. 827 .] The case is Unlike the line of which State v. Haines, 160 Mo. 555 , 61 S. W. 621 , is typical, wherein defendant contends one 'inoíneiit he shot deceased in self-defense and the next that- it was wholly accidental.

1936Rep. 511 ) and the law' does not recognize the anomalous doctrine of accidental self-defense. [State v. Smith, 114 Mo. 406 , 21 S. W. 827 .] The case is Unlike the line of which State v. Haines, 160 Mo. 555 , 61 S. W. 621 , is typical, wherein defendant contends one 'inoíneiit he shot deceased in self-defense and the next that- it was wholly accidental.

11936–1936
State v. Haines green
mo · 1901
2 sentences

1936Rep. 511 ) and the law' does not recognize the anomalous doctrine of accidental self-defense. [State v. Smith, 114 Mo. 406 , 21 S. W. 827 .] The case is Unlike the line of which State v. Haines, 160 Mo. 555 , 61 S. W. 621 , is typical, wherein defendant contends one 'inoíneiit he shot deceased in self-defense and the next that- it was wholly accidental.

1936Rep. 511 ) and the law' does not recognize the anomalous doctrine of accidental self-defense. [State v. Smith, 114 Mo. 406 , 21 S. W. 827 .] The case is Unlike the line of which State v. Haines, 160 Mo. 555 , 61 S. W. 621 , is typical, wherein defendant contends one 'inoíneiit he shot deceased in self-defense and the next that- it was wholly accidental.

11936–1936

Where else courts name it

MO 5 (1936–2007) AL 4 (1983–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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