Roberson v. State
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. J. E. Cravens, Judge. Roberson appealed from a conviction of voluntary manslaughter. As deputy marshal he arrested deceased without a warrant for a supposed offense not committed in his presence. Deceased resisted, a difficulty ensued, and appellant shot and killed him, as he claims, in self-defense. No errors are assigned, save in the court’s charge as referred to in the opinion. x.
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APPEAL from Johnson Circuit Court. J. E. Cravens, Judge. Roberson appealed from a conviction of voluntary manslaughter. As deputy marshal he arrested deceased without a warrant for a supposed offense not committed in his presence. Deceased resisted, a difficulty ensued, and appellant shot and killed him, as he claims, in self-defense. No errors are assigned, save in the court’s charge as referred to in the opinion. x. Instructions of the court took from the consideration of the jury defendant’s position as an officer, and told the jury practically that the arrest was illegal, and being…
1Opinion of the CourtHemingway, J.
Homi cide— Self-defense— "When not a justification. A peace officer may make an arrest without a warrant when a public offense is committed in his presence, or when he has reasonable grounds for believing that the person arrested has committed a felony. Mansf. Dig., sec. 2002. The appellant declared, when he made the arrest, that it was for an offense which it is not now claimed was committed in his presence; therefore, unless he had’ reasonable grounds to believe that it was a felony, he had no-authority to make the arrest without a warrant. In doing' so he invaded the right of liberty of…
2Cited by5 opinions
- Jett v. StateSupreme Court of Arkansas · 1922
- Lewis v. StateSupreme Court of Alabama · 1912
- Holmes v. United StatesCourt of Appeals for the D.C. Circuit · 1926
- Watson v. StateSupreme Court of Arkansas · 1928
- Wilkinson v. StateMississippi Supreme Court · 1926