State v. Banks
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Ralph S. Latshaw, Judge. (1) Whenever an officer attempts to arrest a citizen in such a threatening and menacing manner, or by such unnecessary means and force as to reasonably induce an apprehension on the part of the citizen that he is in danger of his life or of great bodily harm at the hands of such officer, the officer becomes a trespasser and invites resistance, and the citizen even though he knows the officer to be fully…
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Appeal from Jackson Criminal Court. — Hon. Ralph S. Latshaw, Judge. (1) Whenever an officer attempts to arrest a citizen in such a threatening and menacing manner, or by such unnecessary means and force as to reasonably induce an apprehension on the part of the citizen that he is in danger of his life or of great bodily harm at the hands of such officer, the officer becomes a trespasser and invites resistance, and the citizen even though he knows the officer to be fully authorized to make the arrest may repel force with force, even to the extent of taking life, in his own defense the same as…
1Opinion of the Court
WILLIAMS, C. —
At the September term, 1912, of the criminal court of Jackson county, defendant was tried and convicted of murder in the first degree for the killing of one Robert Marshall, and his punishment assessed at death. The homicide occurred near the corner of Nineteenth and Grove streets, Kansas City, Missouri, at about 11:30 p. m., August 10, 1912. Deceased was a colored policeman. Defendant is a negro and was about twenty years of age at the time.
Just prior to the killing, defendant was standing on the sidewalk, on the south side of Nineteenth street, a few feet west of its…
2Cases cited8 opinions
- State v. SpraySupreme Court of Missouri · 1903
- State v. SloanSupreme Court of Missouri · 1871
- State v. BlitzMissouri Court of Appeals · 1903
- State v. PhillipsSupreme Court of Missouri · 1911
- State v. SpaughSupreme Court of Missouri · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Martin v. YeohamMissouri Court of Appeals · 1967
- State v. NunesMissouri Court of Appeals · 1977
- State v. GoreSupreme Court of Missouri · 1922
- State v. DemareeSupreme Court of Missouri · 1962
- State v. FordSupreme Court of Missouri · 1939
11 more not listed; retrieve them via the Exa API.