State v. Anselmo

I do not think the instructions complained of were prejudicial to the rights of the defendant. I am of the opinion, however, that some of the instructions assigned as error were much more favorable to defendant than the facts warranted. Especially is this so with regard to instructions Nos. 15 and 16, which should be read together and considered in connection with the facts on which they are predicated. These instructions are as follows:

“15. You are instructed that an arrest is made by an actual restraint of the individual arrested, and that an arrest is lawful when made by a member of the…