☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 544

< > Effective - 28 Aug 1939 bottom

  544.190.  Rights of officer in making arrests. — If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

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(RSMo 1939 § 3960)

Prior revisions: 1929 § 3571; 1919 § 3914; 1909 § 5121

(1976) This section and § 559.040 held unconstitutional as a violation of due process as guaranteed by the fifth and fourteenth amendments to the Constitution of the United States.  Caveat, this is a four to three decision and may be considered by the supreme court. Mattis v. Schnarr (C.A. Mo.), 547 F.2d 1007.

(1980) A jury is fully capable of understanding the term "necessary means" without further definition. Davis v. Moore (A.), 601 S.W.2d 316.


---- end of effective  28 Aug 1939 ----

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