State v. Pride
Missouri Court of Appeals
567 S.W.2d 426 (1978)
- Written by Sarah Holley, JD
Facts
Ms. Mabel Stewart stopped at a rest stop to use the restroom. Ms. Stewart was exiting one of the stalls of the restroom when Roscoe James Pittman grabbed her around the neck, pushed her to the ground, beat her, and robbed her. Pittman was accompanied by R. V. Pride (defendant), and both men proceeded toward their car after the incident. During this time, Ms. Stewart retrieved her pistol from her car and enlisted the aid of a truck driver to help stop Pittman and Pride. The truck driver took the gun from Ms. Stewart and walked toward the car, holding the gun at his side. When the truck driver was about 60 to 90 feet from the car, Pittman pointed a .22-caliber rifle at him and the parties exchanged shots. Pittman and Pride managed to get in their car and sped off. No one was seriously injured. Pittman and Pride were later arrested and convicted of robbery and assault with intent to kill with malice. On appeal, Pride argued that the trial court erred in refusing to provide a self-defense instruction.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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