Legal Opinion
State v. Mack
Missouri Court of Appeals
Decided February 15, 2000No. WD 56489PublishedCited by 8 opinions
1Opinion of the Court
LAURA DENVIR STITH, Presiding Judge.
Defendant Willie Mack was convicted of committing violence against an employee of the Department of Corrections under Section 217.385 RSMo Cum.Supp.1995 for spitting in the face of Officer Randy Fletc-hall. Mr. Mack appeals, arguing that spitting does not rise to the level of “violence” under Section 217.385. We agree. While such conduct may be actionable as third degree assault under Section 565.070.1(5) RSMo 1994, or under other statutes, it does not constitute violence as that term is used in Section 217.385. Accordingly, we reverse.
I. STATEMENT OF FACTS
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2Cases cited17 opinions
- State v. RousanSupreme Court of Missouri · 1998
- State v. CarsonSupreme Court of Missouri · 1997
- State v. SmithSupreme Court of Missouri · 1997
- State v. DawsonMissouri Court of Appeals · 1999
- People v. PeckAppellate Court of Illinois · 1994
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3Cited by8 opinions
- Hobbs v. StateNevada Supreme Court · 2011
- United States v. Paul TaliaferroCourt of Appeals for the Seventh Circuit · 2000
- Jose Canales Granados v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2021
- United States v. Dominic IronsCourt of Appeals for the Eighth Circuit · 2017
- State of Missouri v. Dennis L. GrayMissouri Court of Appeals · 2014
3 more not listed; retrieve them via the Exa API.