Legal Opinion

State v. Mosby

Missouri Court of Appeals

Decided October 30, 1899PublishedCited by 1 opinion

Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) The defendant was an officer and is exempted from the operation of section 3502, Revised Statutes 1889. R. S. 1889, sec. 3503; Clayton v. State, 21 Tex. App. 17 S. ~W. Rep. 261; "Williams v. State, 42 Tex. 466; State v. Pollock, 49 Mo.

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Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) The defendant was an officer and is exempted from the operation of section 3502, Revised Statutes 1889. R. S. 1889, sec. 3503; Clayton v. State, 21 Tex. App. 17 S. ~W. Rep. 261; "Williams v. State, 42 Tex. 466; State v. Pollock, 49 Mo. App. 445. (2) "When it was admitted that the defendant was constable of Columbus township at the time of the alleged offense, he was entitled to his discharge, regardless of whether he was acting as an officer at the time. R. S. 1889, secs. 2380, 3503; State v. Pollock, 49 Mo. App. 445;…

1Opinion of the CourtGill, J.

Defendant was tried and found guilty in the court below for exhibiting a pistol in a rude, angry or threatening manner in the presence of several persons, contrary to the provisions of section 3502, Revised Statutes 1889. At the time of the alleged offense the defendant was a constable, and it seems that on the day in question he was present at the town of Oentreview in his county where several persons were engaged in an affray. It is undisputed that defendant then and there, in the presence of others, displayed a revolver; but whether done in the necessary discharge of his duty to enforce…

2Cases cited2 opinions

  1. State v. PollockMissouri Court of Appeals · 1892
  2. Williams v. StateTexas Supreme Court · 1874

3Cited by1 opinion

  1. State v. OwenSupreme Court of Missouri · 1953

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