Harvey Davis of Kirksville was found not guilty late yesterday by the circuit court jury which heard testimony in the case in which Davis was charged with feloniously assaulting Dale Carlyle in Kirksville on July 22, 1948. Carlyle died in a veterans’ hospital in Hines, Ill., on Oct. 13 .
The verdict was as follows: “We, the jury, find the defendant not guilty as charged by reason of self defense.”
It was signed by the foremanof the jury, Grant Zimmerman.
While the verdict was unanimous, it evidently was not the unanimous opinion of the jury on the first ballots, as the jury was out two hours and 30 minutes before it returned to the courtroom. The case was given to the jury at 3:15 p.m. and the verdict was returned at 5:45 p.m.
Judging from comments heard on the streets this morning, the verdict did not meet with approval of many persons here. They realized, however, that Prosecuting Attorney W. C. Frank was greatly handicapped in the case on account of the death of Carlyle. Wih his death, some of them state, the prosecutor did not have anyone to deny some of the threats that were alleged to have been uttered by Carlyle against Davis and other persons, or to tell what happened when the two men met at the time of the shooting.