general long-standing rule in Missouri

6 Missouri opinions name it 2 courts 1988–2022 1 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 (5)

Case	Followed	Cited
State v. Starrgreen mo · 1866 · cited in 2 Missouri opinions naming this issue, 1988–1991 2 sentences 1991The court also referred to the long line of Missouri decisions, beginning with State v. Starr, 38 Mo. 270 (1866), holding that at a minimum the provocation must at least involve a “pulling” or “tweaking” of the nose. 1988Furthermore, while words, gestures or other actions may give rise to provocation it was the rule at common law and the general long-standing rule in Missouri that words, no matter how opprobrious or insulting are not sufficient to show “adequate provocation.” 5 See State v. Starr, 38 Mo. 270, 277 (1866).	1	2
State v. Averygreen mo · 2003 · cited in 1 Missouri opinions naming this issue, 2022–2022 1 sentence 2022Furthermore, while words, gestures or other actions may give rise to provocation it was the rule at common law and the general long-standing rule in Missouri that words, no matter how opprobrious or insulting are not sufficient to show “adequate provocation.” State v. Fears, 803 S.W.2d 605, 609 (Mo. 1991) (quoting State v. Simmons, 751 S.W.2d 85 (Mo. App. E.D. 1988). “[W]hile words alone are insufficient to show adequate provocation, little more is required – a mere tweaking of the nose has been found sufficient.” State v. Avery, 120 S.W.3d 196, 206 (Mo. 2003) (citations omitted), overruled on	1	1
State v. Fearsgreen mo · 1991 · cited in 1 Missouri opinions naming this issue, 2022–2022 1 sentence 2022Furthermore, while words, gestures or other actions may give rise to provocation it was the rule at common law and the general long-standing rule in Missouri that words, no matter how opprobrious or insulting are not sufficient to show “adequate provocation.” State v. Fears, 803 S.W.2d 605, 609 (Mo. 1991) (quoting State v. Simmons, 751 S.W.2d 85 (Mo. App. E.D. 1988). “[W]hile words alone are insufficient to show adequate provocation, little more is required – a mere tweaking of the nose has been found sufficient.” State v. Avery, 120 S.W.3d 196, 206 (Mo. 2003) (citations omitted), overruled on	1	1
State v. Franksgreen moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 1993–1993 1 sentence 1993State v. Franks, 793 S.W.2d 543, 546 (Mo.App.1990).	1	1
State v. Harrisgreen moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 1988–1988 1 sentence 1988Perkins, supra, at 61; State v. Harris, 717 S.W.2d 233, 236 (Mo.App.1986); State v. Gordon, 191 Mo. 114 , 89 S.W.2d 1025, 1029-30 (1905); State v. Niederschulte, 750 S.W.2d 491 (Mo.App.1988).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

Case	Cited	Years
State v. Simmons green moctapp · 1988 2 sentences 2022Furthermore, while words, gestures or other actions may give rise to provocation it was the rule at common law and the general long-standing rule in Missouri that words, no matter how opprobrious or insulting are not sufficient to show “adequate provocation.” State v. Fears, 803 S.W.2d 605, 609 (Mo. 1991) (quoting State v. Simmons, 751 S.W.2d 85 (Mo. App. E.D. 1988). “[W]hile words alone are insufficient to show adequate provocation, little more is required – a mere tweaking of the nose has been found sufficient.” State v. Avery, 120 S.W.3d 196, 206 (Mo. 2003) (citations omitted), overruled on 1993Although “words, gestures or other actions may give rise to provocation it was the rule at common law and the general long-standing rule in Missouri that words, no matter how opprobrious or insulting are not sufficient to show ‘adequate provocation’.” Id.	4	1991–2022
State of Missouri v. Andrew Barnett green mo · 2019 1 sentence 2022Furthermore, while words, gestures or other actions may give rise to provocation it was the rule at common law and the general long-standing rule in Missouri that words, no matter how opprobrious or insulting are not sufficient to show “adequate provocation.” State v. Fears, 803 S.W.2d 605, 609 (Mo. 1991) (quoting State v. Simmons, 751 S.W.2d 85 (Mo. App. E.D. 1988). “[W]hile words alone are insufficient to show adequate provocation, little more is required – a mere tweaking of the nose has been found sufficient.” State v. Avery, 120 S.W.3d 196, 206 (Mo. 2003) (citations omitted), overruled on	1	2022–2022
State v. Gordon green mo · 1905 1 sentence 1988Perkins, supra, at 61; State v. Harris, 717 S.W.2d 233, 236 (Mo.App.1986); State v. Gordon, 191 Mo. 114 , 89 S.W.2d 1025, 1029-30 (1905); State v. Niederschulte, 750 S.W.2d 491 (Mo.App.1988).	1	1988–1988
State v. Niederschulte neutral moctapp · 1988 1 sentence 1988Perkins, supra, at 61; State v. Harris, 717 S.W.2d 233, 236 (Mo.App.1986); State v. Gordon, 191 Mo. 114 , 89 S.W.2d 1025, 1029-30 (1905); State v. Niederschulte, 750 S.W.2d 491 (Mo.App.1988).	1	1988–1988

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 565.002 (5) MO § Mo. Rev. Stat. § 565.021 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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