State v. Dierberger
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Trial before Hon. J. L. Thomas, Judge of tbe Twenty-Sixth Judicial Circuit. The defendant bad been appointed a deputy constable but bad not taken' the oath or filed bis appointment with tbe city register. His defense was that tbe homicide was justifiable, having been committed without resort to unnecessary force while attempting to arrest tbe deceased for a breach of tbe peace.
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Appeal from St. Louis Criminal Court. — Trial before Hon. J. L. Thomas, Judge of tbe Twenty-Sixth Judicial Circuit. The defendant bad been appointed a deputy constable but bad not taken' the oath or filed bis appointment with tbe city register. His defense was that tbe homicide was justifiable, having been committed without resort to unnecessary force while attempting to arrest tbe deceased for a breach of tbe peace. (1) Tbe instructions given by tbe court on tbe question of tbe force tbe defendant was authorized to use in arresting tbe deceased, are contradictory, and for this reason tbe…
1Opinion of the CourtBlack, J.
The defendant stands convicted of murder in the second degree. This case was here before, and reference is made to the opinion of the court in 90 Mo. 369, for a general statement of the evidence. The contention now is that the instructions given do not present the law fairly applicable to cases where an officer kills one who is resisting an arrest.
John Horne, the deceased, and Joseph Jackson went to the front platform of the horse-car and there got into an altercation with the driver, which resulted in a scuffle, or, as most of the witnesses say, a fight. The conductor opened the front door…
2Cases cited6 opinions
- State v. CurtisSupreme Court of Missouri · 1879
- State v. AlexanderSupreme Court of Missouri · 1877
- State v. McNallySupreme Court of Missouri · 1885
- State v. EdwardsSupreme Court of Missouri · 1879
- State v. WingoSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Robert Dean Mattis, M.D. v. Richard R. Schnarr and Robert Marek v. John C. Danforth, Attorney General, State of Missouri, Intervenor-AppelleeCourt of Appeals for the Eighth Circuit · 1976
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- State v. WilliamsSupreme Court of New Jersey · 1959
- State v. TurlingtonSupreme Court of Missouri · 1890
- State v. EllisNew Mexico Supreme Court · 2008
22 more not listed; retrieve them via the Exa API.