Roberts v. State
Supreme Court of Missouri
APPEAL from the St. Louis Criminal Court. STATEMENT OP THE CASE. Appellant was indicted at the- term of the criminal court, along with one Richard Jones, lor the murder of Ephraim Ilibler, a policeman of the city of St. Louis, and on the trial of said charge at the September term of said court, was found guilty of murder in the first degree.
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APPEAL from the St. Louis Criminal Court. STATEMENT OP THE CASE. Appellant was indicted at the- term of the criminal court, along with one Richard Jones, lor the murder of Ephraim Ilibler, a policeman of the city of St. Louis, and on the trial of said charge at the September term of said court, was found guilty of murder in the first degree. On the trial of said cause the facts appeared as follows :— Appellant was arrested in the city of St. Louis, sometime during the month of May last, on a charge of vagrancy, pigeon dropping, or stealing. He was confined in the calaboose some seven or eight…
1Opinion of the Court
Napton J.,
delivered the opinion of the court.
No question arises on this record, except the one growing out of the refusal of instructions asked and the giving of others in their stead.
The court gave no instruction to the jury in relation to the power of an officer to arrest without warrant, and this omission is the matter principally complained of. lit cannot be denied, that the legality of the defendant’s arrest was a material question in determining the character of the homicide. It is well established, that where persons have authority to arrest, and are resisted in the proper exercise of…
2Cases cited1 opinion
- Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
3Cited by34 opinions
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Candi Ryder v. The City of Topeka and Michael MeyerCourt of Appeals for the Tenth Circuit · 1987
- Brown v. StateSupreme Court of Alabama · 1895
- Robison v. MinerMichigan Supreme Court · 1888
- Spooney v. StateSupreme Court of Alabama · 1928
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