· 11/9/1897
Christopher v. National Brewery Co.
Citations
- 72 Mo. App. 121
- 1897 Mo. App. LEXIS 140
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that \the Act is silent on the procedure to follow when an accused seeks immunity\
- holding a defendant is entitled to either a pre-trial immunity hearing under the Protection of Persons and Property Act or a self-defense jury charge but not both
- concluding defendant, who sought immunity under the Act after he fatally shot the victim, was defaulted into section 16-11-440(C) where the victim was a social guest and rightfully in the defendant’s mother’s apartment
- holding the General Assembly did not intend to require the circuit court \to accept the accused's version of the underlying facts\ in determining a motion for immunity pursuant to the Act
- holding because the defendant was a social guest, he was rightfully in the apartment
- finding subsection 16-11-440(C) of the Act should not have been charged to the jury because \the trial court had denied Appellant immunity\
Source: CourtListener parenthetical corpus (CC0).
Judges: Biggs, Bland, Bond
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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