Legal Opinion

City of Marshall v. Standard

Missouri Court of Appeals

Decided January 10, 1887PublishedCited by 10 opinions

Appeal from Saline Criminal Court, Hon. John. E. Ryland, Judge. Tbe case is stated in the opinion. I. Defendant’s motion to dismiss should have been sustained, because the complaint did not show or charge that the person arrested (and whom defendant is. charged with assisting to escape) was charged with any offence whatever, or was guilty of any. The offence of resisting an officer or rescuing a prisoner may be either a felony or a misdemeanor.

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Appeal from Saline Criminal Court, Hon. John. E. Ryland, Judge. Tbe case is stated in the opinion. I. Defendant’s motion to dismiss should have been sustained, because the complaint did not show or charge that the person arrested (and whom defendant is. charged with assisting to escape) was charged with any offence whatever, or was guilty of any. The offence of resisting an officer or rescuing a prisoner may be either a felony or a misdemeanor. Rev. Stat., sects. 1436, 1444, 1466, 4983; State v. Henderson, 15 Mo. 487. IT. Plaintiff had no authority to pass the ordinance in question. And the…

1Opinion of the CourtEllison, J.

The defendant is charged with a violation of an ordinance of the city of Marshall, in reference to the resistance of officers. The complaint was made by the city marshal and was verbal, the defendant being at the time in court and under arrest; the charge being entered of record by the mayor in words as follows: 4£ June 20,1885, Joseph W. Bartlett, city marshal, informs the mayor that at the city of Marshall, on the twentieth day of. June, 1885, one Geo. W. Standard, now in court, and in custody,' did then and there forcibly oppose a policeman, to-wit: Phillip Coiner, deputy marshal of the…

2Cases cited5 opinions

  1. Ex parte HollwedellSupreme Court of Missouri · 1881
  2. Vaughn v. ScadeSupreme Court of Missouri · 1860
  3. State v. MetzgerSupreme Court of Missouri · 1857
  4. Powers v. PeopleNew York Supreme Court · 1809
  5. Inhabitants of Memphis v. O'ConnorSupreme Court of Missouri · 1873

3Cited by10 opinions

  1. Stevens v. LarwillMissouri Court of Appeals · 1904
  2. City of King City v. DuncanSupreme Court of Missouri · 1911
  3. City of Webster Groves v. QuickSupreme Court of Missouri · 1959
  4. State Ex Rel. Cole v. NigroSupreme Court of Missouri · 1971
  5. Kansas City v. NealMissouri Court of Appeals · 1892

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