Fleetwood v. Commonwealth
Court of Appeals of Kentucky
Case 1 — INDICTMENT APPEAL FROM SCOTT CIRCUIT COURT. No brief. No brief. The instructions given by the Circuit Court are, by order of the Court of Appeals, reported.
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Case 1 — INDICTMENT APPEAL FROM SCOTT CIRCUIT COURT. No brief. No brief. The instructions given by the Circuit Court are, by order of the Court of Appeals, reported. INSTRUCTIONS GIVEN BY THE COURT. 1st. Constables afe peace officers, and it is their right and duty to arrest, with or without a warrant, any person who has committed any public offensé in their presence, or who is at the time engaged in, or about to commit, any breach of the peace; and they have the right, in making such arrest, to use such force as is necessary therefor, and to summon to their aid a posse sufficient to…
1Opinion of the Court
JUDGE HINES
delivered the opinion oe the court.
Appellant was indicted for the murder of Mefford, tried, convicted, and sentenced to the penitentiary for life.
Appellant was at a public gathering, with a pistol in his hand, disturbing the peace by cursing, loud talking, and threatening to shoot a certain person, when Mefford, a constable, attempted to arrest him, and being resisted, was, by appellant, shot and instantly killed.
A peace officer'has the right, and it is his duty, to arrest one who is committing a breach of the peace in his presence, and to use such force as may be necessary to…
2Cited by15 opinions
- Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
- Stevens v. CommonwealthCourt of Appeals of Kentucky · 1906
- Maggard v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Bishop v. CommonwealthCourt of Appeals of Kentucky · 1901
- Head v. MartinCourt of Appeals of Kentucky · 1887
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