lawful defense (Missouri) · Go Syfert
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lawful defense in Missouri

16 Missouri opinions name it 2 courts 1878–2019 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 (7)

CaseFollowedCited
Crippled Children Services v. Griffittsgreen
moctapp · 1997 · cited in 2 Missouri opinions naming this issue, 1997–2013
2 sentences

2013"Subrogation is defined as the substitution of one person in the place of another with reference to a lawful claim or right.” Estate of Griffitts, 938 S.W.2d 621, 624 (Mo.App.

1997Estate of Griffitts, 938 S.W.2d 621, 624 (Mo.App.1997).

22
State v. Boldengreen
mo · 2012 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019See Bolden, 371 S.W.3d at 806 ; Clay, 533 S.W.3d at 715 ; and Oudin, 403 S.W.3d at 698 n.10.

11
Lastofka v. Lastofkagreen
mo · 1936 · cited in 1 Missouri opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Lastofka v. Lastofka, 339 Mo. 770 , 99 S.W.2d 46, 58 (1936).

2012See, e.g., Lastofka v. Lastofka, 339 Mo. 770 , 99 S.W.2d 46, 58 (1936).

11
State v. Christiegreen
moctapp · 1980 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010A defendant is only entitled to acquittal as a matter of law when the evidence establishing self-defense is undisputed and uncontradict-ed. State v. Christie, 604 S.W.2d 806, 808 (Mo.App.

11
American Nursing Resources, Inc. v. Forrest T. Jones & Co.green
moctapp · 1991 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997Jones & Co., Inc., 812 S.W.2d 790, 794 (Mo.App.1991).

11
State v. Kennedygreen
mo · 1907 · cited in 1 Missouri opinions naming this issue, 1977–1977
2 sentences

1977Daisy Knox “bore no such relation to the defendant as would authorize him to wreak his vengeance upon the deceased for some alleged wrong upon her.” State v. Kennedy, 207 Mo. 528 , 106 S.W. 57, 60 (1907).

1977Daisy Knox “bore no such relation to the defendant as would authorize him to wreak his vengeance upon the deceased for some alleged wrong upon her.” State v. Kennedy, 207 Mo. 528 , 106 S.W. 57, 60 (1907).

11
State v. Slatengreen
mo · 1952 · cited in 1 Missouri opinions naming this issue, 1965–1965
1 sentence

1965See State v. Slaten, Mo.Sup., 252 S.W.2d 330 ; State v. Westmoreland, Mo.Sup., 126 S.W.2d 202 [5].

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 (12)

CaseCitedYears
State v. Hornsby green
moctapp · 1995
2 sentences

2006Z.T.H., 910 S.W.2d at 835 .

2006Z.T.H., 910 S.W.2d at 835 .

22006–2006
State v. Oudin green
moctapp · 2013
1 sentence

2019See Bolden, 371 S.W.3d at 806 ; Clay, 533 S.W.3d at 715 ; and Oudin, 403 S.W.3d at 698 n.10.

12019–2019
Firestone Textile Co. Division v. Meadows green
ky · 1983
1 sentence

2019In that case, we stated that the Workers' Compensation Act evidenced "a public policy that an employee has a right to be free to assert a lawful claim for benefits without suffering retaliatory discharge." 666 S.W.2d at 732 .

12019–2019
State v. Clay green
mo · 2017
1 sentence

2019See Bolden, 371 S.W.3d at 806 ; Clay, 533 S.W.3d at 715 ; and Oudin, 403 S.W.3d at 698 n.10.

12019–2019
Friendship Village of South County v. Public Service Commission green
moctapp · 1995
1 sentence

2009Friendship Village, 907 S.W.2d at 348 .

12009–2009
State v. Milentz green
moctapp · 1975
1 sentence

1977The following statement in State v. Milentz, 521 S.W.2d at 3 , involving an assault on a police officer, is remarkably appropriate: “This record discloses the case of an intoxicated, distraught, hostile, belligerent, violent and dangerous man on a rampage; a man . . . who hates the police, and who expressed his contempt for the police by every vocal and physical means at his disposal .; a vengeful person making an unprovoked attack upon an officer who had given appellant no reason to act as he did.”

11977–1977
State v. Tindall green
moctapp · 1973
1 sentence

1977Once the issue is raised, the burden of proof is on the state to prove the defendant did not act in the lawful defense of another. 1 State v. Tindall, 496 S.W.2d 267 (Mo.App.1973).

11977–1977
United States v. Frank Rich green
ca2 · 1959
1 sentence

1977Other such holdings include United States v. Rich, 262 F.2d 415 (2d Cir. 1959); United States v. Baker, 419 F.2d 83 (2d Cir. 1969); and United States v. Varelli, 407 F.2d 735 (7th Cir. 1969). 2 . § 559.040(2): “When committed in the lawful defense of such person, or of his or her husband or wife, parent, child, brother, sister, uncle, aunt, nephew, niece, master, mistress, apprentice or servant, when there shall be reasonable cause to apprehend a design to commit a felony, or to do some great personal injury, and there shall be reasonable cause to apprehend immediate danger of such design bein

11977–1977
cluster 283689 green
ca7 · 1969
1 sentence

1977Other such holdings include United States v. Rich, 262 F.2d 415 (2d Cir. 1959); United States v. Baker, 419 F.2d 83 (2d Cir. 1969); and United States v. Varelli, 407 F.2d 735 (7th Cir. 1969). 2 . § 559.040(2): “When committed in the lawful defense of such person, or of his or her husband or wife, parent, child, brother, sister, uncle, aunt, nephew, niece, master, mistress, apprentice or servant, when there shall be reasonable cause to apprehend a design to commit a felony, or to do some great personal injury, and there shall be reasonable cause to apprehend immediate danger of such design bein

11977–1977
United States v. Edward Baker, Ralph Masciola and Dominick Dinorscio green
ca2 · 1970
1 sentence

1977Other such holdings include United States v. Rich, 262 F.2d 415 (2d Cir. 1959); United States v. Baker, 419 F.2d 83 (2d Cir. 1969); and United States v. Varelli, 407 F.2d 735 (7th Cir. 1969). 2 . § 559.040(2): “When committed in the lawful defense of such person, or of his or her husband or wife, parent, child, brother, sister, uncle, aunt, nephew, niece, master, mistress, apprentice or servant, when there shall be reasonable cause to apprehend a design to commit a felony, or to do some great personal injury, and there shall be reasonable cause to apprehend immediate danger of such design bein

11977–1977
State v. Ledbetter green
mo · 1933
2 sentences

1936State’s Instruction No. 3 reads as follows: “The court instructs the jury that bearing in mind the foregoing definition, if you find and believe from the evidence in this cause, that at the County of Washington' and State of Missouri, that on or about the 2nd day of August, 1934, the defendant, Rebecca Whitchurch, without just cause or provocation and under such circumstances as not being justifiable or excusable homicide and not in the lawful defense of her person, as such'defense is explained in'another instruction given herein, did willfully, premeditatedly and of her malice aforethought, b

1936State’s Instruction No. 3 reads as follows: “The court instructs the jury that bearing in mind the foregoing definition, if you find and believe from the evidence in this cause, that at the County of Washington' and State of Missouri, that on or about the 2nd day of August, 1934, the defendant, Rebecca Whitchurch, without just cause or provocation and under such circumstances as not being justifiable or excusable homicide and not in the lawful defense of her person, as such'defense is explained in'another instruction given herein, did willfully, premeditatedly and of her malice aforethought, b

11936–1936
City of St. Louis v. Bissell neutral
mo · 1870
1 sentence

1878Louis v. Bissell, 46 Mo. 157 , a similar covenant, that the grantor “shall and will warrant and defend the title to the said premises unto the said party of the second part, its successors and assigns, against the lawful claim and demand of all persons whomsoever ” (such is the language in that deed), was held to be a covenant against encumbrances, damages for the breach of which depend upon the value of the encumbrance, without reference to the value of the laud or the purchase-money, the covenantee being held there (as we hold him in the present case) entitled to recover what he paid to exti

11878–1878

Where else courts name it

CA 63 (1910–2026) FL 36 (1899–2021) WA 31 (1939–2026) TX 31 (1874–2026) MS 21 (1948–2024) OH 18 (1923–2023) NY 17 (1886–2019) MD 17 (1947–2013) MO 16 (1878–2019) MI 12 (1880–2025) NE 11 (1950–2026) IL 10 (1901–2026) OK 10 (1914–1987) WI 9 (1897–2023) IN 8 (1982–2019) DC 8 (1958–2022) VA 7 (1999–2022) CT 7 (1919–2016) NC 6 (1910–1992) CO 6 (1970–2014) KY 6 (1986–2024) AZ 5 (1966–2016) GA 5 (1925–2021) ID 5 (1945–2019) WY 5 (1980–2023) AL 5 (1968–2000) PA 5 (1946–2001) NJ 5 (1953–2003) MN 5 (1885–1993) SD 5 (1973–2026) MA 5 (1982–2025) OR 4 (1908–2024) NM 4 (1972–2006) TN 2 (1992–2011) LA 2 (1942–1959) NV 2 (1918–2014) WV 2 (1946–1955) SC 2 (1911–2000) ME 2 (2015–2017) UT 2 (1934–1944) DE 2 (1981–2015)

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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