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← 96 MO 666 - State v. Dierberger

State v. Dierberger’s Empirical Analysis

1888

Citation profile

25
cited by 25 later decisions
7
states following
May 2008
most recently cited

2 federal appellate · 23 state decisions

How this case has been cited

Cited by 25 later decisions — most recently May 2008 · most notably Union Indemnity Co. v. Webster (1928), State v. Williams (1959)

2 federal appellate · 23 state decisions

601888189019001910192019301940195019601970198019902000decided

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.

Relationships

Relies on State v. Curtis · State v. Alexander · State v. McNally · State v. Edwards · State v. Watson

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““These authors, ancient and modern, lay down the law in substantially the same terms. They show that the protection which an officer is entitled to receive is a different thing from self-defense. The officer, when making an arrest, may, of course, defend himself, as may any other person who is assaulted; but the law does not stop here. The officer must of necessity be the aggressor; his mission is not accomplished when he wards off the assault; he must press forward and accomplish his object; he is not bound to put off the arrest until a more favorable time. Because of these duties devolved upon him, the law throws around him a special protection. As we said in the recent case of State v. Puller, ante, p. 165, his duty is to overcome all resistance and bring the party to be arrested under physical restraint, and the means he must use must be coextensive with the duty.” [State v. Rose, 142 Mo. 418 .]”
    1 later decision quote this exact passage · from the majority
  2. ““"When, as a general proposition, one refuses to submit to an arrest after he had been touched by the officer, or endeavors to break away after the arrest is affected, he may lawfully be killed, provided this extreme measure is necessary.” [2 Bishop’s Crim. Law, sec. 647.]”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.