State v. Dierberger
Supreme Court of Missouri
Appeal from the St. Louis Criminal Court. — Hon. Gr. S. Van Wagoner, Judge, Charles P. Johnson, John L. Johnson and C. C. 'The eighth instruction, given by the court for the-state, and which told the jury that the defendant at the time of the homicide was not a deputy constable under the laws of the state, was erroneous.
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Appeal from the St. Louis Criminal Court. — Hon. Gr. S. Van Wagoner, Judge, Charles P. Johnson, John L. Johnson and C. C. 'The eighth instruction, given by the court for the-state, and which told the jury that the defendant at the time of the homicide was not a deputy constable under the laws of the state, was erroneous. R. S., sec. 652. The statute requiring the appointment of a deputy constable to be registered, is only directory, and. does not affect the validity of his acts. State v. Muir, 20 Mo. 303; State v. Underwood, 75 Mo. 230. Defendant was both de facto and de jure a deputy…
1Opinion of the Court
Black, J. —
The defendant was tried in the St. Louis criminal court on an indictment for murder in the first *372degree and was convicted of murder in the second degree.
The evidence shows that Dierberger, the defendant, his wife and sister, got into a street car in St. Louis. The deceased, John Horne, his wife, and Joseph Jackson, got on the same car. It was about twelve o’clock at night, and the parties were going to their respective homes. The car was well filled with passengers, and Horne and Jackson, who, the evidence tends to show, were somewhat under the influence of intoxicants, went to the…
2Cases cited7 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- State v. UnderwoodSupreme Court of Missouri · 1881
- Heath v. StateSupreme Court of Alabama · 1860
- State v. DouglassSupreme Court of Missouri · 1872
- State ex rel. Moutrey's Adm'rs v. MuirSupreme Court of Missouri · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- Auditor General v. Board of SupervisorsMichigan Supreme Court · 1891
- State v. DierbergerSupreme Court of Missouri · 1888
- State v. BriggsSupreme Court of Missouri · 1968
11 more not listed; retrieve them via the Exa API.