State v. Thompson

Citations

• 83 Mo. 257

Syllabus

<p>1. Practice : INSTRUCTIONS. It is not error to refuse an instruction embodied in others given.</p> <p>-:-. An instruction should not be given when there is no evidence on which to base it. 2.</p> <p>8. Criminal Law: homicide : self-defence : overt act. One has no right to kill another until the person slain has done some overt act indicating some felonious or murderous purpose toward the slayer, and until such act is done the right of self-defence does not begin on the part of the latter.</p> <p>4. Practice, Criminal: instructions, jury taking to their room. It is error 'to refuse to allow the jury in a criminal cause to take the instructions of the court with them upon retiring to consider oi their verdict. Overruling State v. Phelps, 74 Mo. 128; and State v. Butterfield, 75 Mo. 297.</p>