149 Mo. 406 | Mo. | 1899
At the February term, 1898, of the circuit court of Pemiscot county the defendant was convicted of shooting with malice with intent to kill one Eankin Schofner, and his punishment fixed at five years’ imprisonment in the penitentiary.
He appeals.
At and for several months prior to the first of June, 1898, the defendant and Eankin Schofner and his wife, occupied as their residence different parts of the same house— Schofner renting from the defendant. Defendant wanted possession of that part of the house in which Schofner was living and had been urging him for some time to move out, and go elsewhere.
A week or ten days before the shooting they had some words over some chickens which Schofner owned. On the day of the shooting defendant anticipating, as he claims, trouble with Schofner, put a pistol in his pocket and went to his mother’s, who lived only a short distance away, for some milk, and upon his return with a jar of milk under his arm, he saw Schofner coming meeting him in the road having at the time both hands in his pockets, and fearing that he was going to use a knife or pistol upon him. he put down his jar of milk, drew his pistol and shot him, the ball entering the left fore arm about one and one-half inches below the elbow joint, ranging downwards and lodging in the arm, from which it was afterwards extracted. Schofner was not armed at the time of the shooting, nor was he making any
We find no error in the record and therefore affirm the judgment.