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State v Rider
S. Ct. Missouri, 1886
Author:- Sam
Biers
Facts: Df killed his wife’s lover. Df armed himself with a gun and sought out the deceased and his wife. He could not locate his wife but located the lover. The deceased was carrying an axe and made a claim “we’ll settle this right here,” raising the axe to strike the DF. Df shot the deceased.
Issue: Whether a showing of mere intent to commit murder is the only requirement for a conviction for murder, when the overt act has been abandoned?
Holding: No.
Procedure: Jury trial conviction for murder in first degree. Df appealed, Reversed and remanded.
Rule: The mere intent to commit a crime is not a crime.
Ct Rationale: One may arm himself with the purpose of seeking and killing an adversary, and may seek and find him, yet, if guilty of no overt act, commits no crime. Threats are no justification for assault, they are only words, and not a proper defense. The Df had abandoned his purpose to kill the deceased when he met him, and was assaulted by the deceased and had to kill him to save his own life.
PL A: The Df intended to kill the deceased, sought out the deceased, and then killed him.
Def A: There was no overt act when Df approached the deceased. The killing was done in self defense.
Unexpressed intent to kill affords no excuse to assault.