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553 S.W.2d 559

Davis v. Moore

Missouri Court of Appeals

Decided June 28, 1977

Missouri Court of Appeals · decided 1977-06-28

Relies on Ashcroft v. Mattis · Mattis v. Schnarr

Good law ✅— No negative treatment on recordhow we know

Decided 1977-06-28

How this case has been cited

Cited by 7 later decisions — most recently February 1991

7 state decisions

50197719801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SIMEONE, Chief Judge,

¶1concurring.

¶2I concur that this cause must be reversed and remanded for a new trial but add a few comments concerning what this case does and does not hold. The parties did not raise, nor does the opinion deal with, the constitutionality of § 544.190, RSMo 1969, Mattis v. Schnarr, 547 F.2d 1007 (8th Cir.1976), judgment vacated, Ashcroft v. Mat-tis, -U.S.-, 97 S.Ct. 1739, 52 L.Ed.2d 219 (1977). Nor does the opinion deal with the complex problem of the use of deadly force by police officers in effecting an arrest for a felony, A Model Code of Pre-ar-raignment Procedure, § 120.7 (1975); S.B. 60, The Criminal Code of Missouri, effective January 1, 1979, § 563.046. The opinion only deals with trial errors of parading before the jury the “litany of unproved arrests . . . .” For the reasons explained in the opinion by Houser, Sp. J., on that issue I concur. Other matters not raised or determined by the original opinion must await another day.

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