80 Mo. App. 125 | Mo. Ct. App. | 1899
Defendant was indicted, tried and convicted in the circuit court for an assault and battery on the person of one McIntyre. It appears that McIntyre and one Price were engaged in a fight in a meat shop at Plattsburg, that McIntyre seized a long butcher knife belonging to the shop, the two assailants clinched and backing over a fish box in the room, both fell to the floor McIntyre on top of Price; and while in that situation, McIntyre still holding to the butcher knife and about to cut Price, the defendant, who was present, struck McIntyre with the handle of a pitchfork and with such force that he was unable to use the knife on Price. Totman defended on the ground t]\at he struck McIntyre in order to prevent the latter from killing Price or doing him great bodily harm.
The law, too, will not only justify the defendant in protecting his own person, but will also justify him in using such force as may seem reasons blynecessary to prevent the killing or maiming of another person. State v. Reed, 137 Mo. 125, 138. “The general doctrine is said to be, that whatever one may do for himself, he may do for another.” State v. Foley, 12 Mo. App. 431.
The judgment must be reversed and cause remanded.