State v. Shirley
Supreme Court of Missouri
Appeal from Taney Circuit Court. — Son. John T. Moore, Judge. (1) There can he no escape when the party charged was not in the lawful custody of the officer. The only authority for the officer to hold the appellant was the warrant of commitment and it did not place him in the custody of the constable. Custody implies physical force sufficient to restrain a prisoner from going at large. No moral obligation can be substituted for it.
Read the full summary
Appeal from Taney Circuit Court. — Son. John T. Moore, Judge. (1) There can he no escape when the party charged was not in the lawful custody of the officer. The only authority for the officer to hold the appellant was the warrant of commitment and it did not place him in the custody of the constable. Custody implies physical force sufficient to restrain a prisoner from going at large. No moral obligation can be substituted for it. The moment compulsion and force are withdrawn there is no custody. (2) Words and Phrases, 1801; Black’s Dictionary, 312; Rapalje and Lawrence, Dictionary, 331;…
1Opinion of the CourtBrown, J.
Defendant was convicted of breaking custody and escaping before conviction, as prohibited by section 4382, Revised Statutes 1909, and from a judgment fixing his punishment at two years in the penitentiary appeals to this court.
*339The defendant was arrested upon an information and warrant charging -him with selling intoxicating liquors without a license, in Taney county. He was arraigned before one J. L. Keener, a justice of the peace of that county, and pleading not guilty and failing to enter into a recognizance for his appearance on the day to which the case was continued, the justice issued a…
2Cases cited6 opinions
- Riley v. StateSupreme Court of Connecticut · 1843
- State v. JacksonSupreme Court of Missouri · 1909
- State v. DaughertySupreme Court of Missouri · 1891
- State v. WrightSupreme Court of Vermont · 1908
- Thomas v. County of St. LouisSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. PaceSupreme Court of Missouri · 1966
- Haney v. Town of RainelleWest Virginia Supreme Court · 1943
- Long v. Norwood Hills CorporationMissouri Court of Appeals · 1964
- State v. MallettMissouri Court of Appeals · 1976