State v. Julian
Missouri Court of Appeals
Appeal from the Webster County Circuit Court, W, J. Wallace, Judge. A private person is not only justified, but obliged to do his best to bring felons to justice, and while attempting to do so, he is in the discharge of a duty required of him by the law.
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Appeal from the Webster County Circuit Court, W, J. Wallace, Judge. A private person is not only justified, but obliged to do his best to bring felons to justice, and while attempting to do so, he is in the discharge of a duty required of him by the law. The law is their warrant, and they may not improperly be considered as persons engaged in the public service, and for the advancement of justice, though without any special appointment, and being so considered, they are under the same protection as the ordinary ministers of justice. 1 Ru ssell on Crimes [7 Am. Ed.] chap. 1, sec. 3, p. 534;…
1Opinion of the CourtLewis, P. J.
The defendant was convicted, under an indictment, for carrying, concealed upon his person, a deadly and dangerous weapon, in violation of Revised Statutes, section 1274.
The testimony tended to show that one Hailey, reputed to be a “bad, desperate, and dangerous man,” had committed a felonious assault near the locality of the alleged offence here charged, and was a fugitive, supposed to be in hiding in the same vicinity; that a justice of the peace issued a warrant for his arrest, but failed to find the constable by whom the writ should have been executed, whereupon he endorsed on the paper an…
2Cases cited2 opinions
- State v. LarkinMissouri Court of Appeals · 1887
- State v. ReillyMissouri Court of Appeals · 1877
3Cited by5 opinions
- State v. NolanSupreme Court of Missouri · 1946
- State v. DorseySupreme Court of Missouri · 1973
- State v. AthanasMissouri Court of Appeals · 1910
- State v. DorseySupreme Court of Missouri · 1973
- State v. TroupeMissouri Court of Appeals · 1975