State v. Yokum

Citations

• 14 S.D. 84
• 84 N.W. 389
• 1900 S.D. LEXIS 11

Syllabus

<p>Deceased and defendant had been drinking, and engaged in a quarrel, and defendant stepped out of the saloon, followed by deceased, and, when at a distance of about 25 feet, deceased started towards defendant, saying that he had to fight, and in the ensuing scuffle defendant stabbed deceased. Deceased weighed 200 pounds, and defendant was small, and the state’s witnesses testified that deceased either had his hands in his pockets or was pulling them out of his pockets when he attacked defendant. No firearms were found on deceased. Held, that the exclusion of evidence that deceased was in the habit of carrying firearms constituted reversible error, since such evidence was admissible in determining whether defendant acted in self-defense. Cokson, X, dissenting.</p>