544.190. If, after notice of the intention to arrest thedefendant, he either flee or forcibly resist, the officer may useall necessary means to effect the arrest.
(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.