Jones v. State
Ohio Supreme Court
Be it remembered, that on the trial of the above cause, etc., there was no evidence that the said John Brasher, who was a day-watch, had a warrant to arrest the said Jesse Jones, and there was evidence tending to prove that said Brasher had, on the day previous to the alleged killing, arrested, without warrant, and discharged the said Jesse Jones, and, at the time of the killing, was attempting to arrest the said Jesse Jones without any warrant» but only upon the charge and…
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Be it remembered, that on the trial of the above cause, etc., there was no evidence that the said John Brasher, who was a day-watch, had a warrant to arrest the said Jesse Jones, and there was evidence tending to prove that said Brasher had, on the day previous to the alleged killing, arrested, without warrant, and discharged the said Jesse Jones, and, at the time of the killing, was attempting to arrest the said Jesse Jones without any warrant» but only upon the charge and suspicion that the said Jesse had committed a crime; that, on the facts, it was material matter of law to determine…
1Opinion of the CourtHetchcock, C. J.
Before proceeding to the consideration of the specific errors assigned in this case, it is proper to remark that the bill of exceptions is very defective. It discloses no. part of the evidence in the case, so that it is impossible to determine upon some of the errors assigned, whether the court did or did not err.
The first error assigned is “ that the court erred in not charging the jury that a warrant issued in due form of law, by a magistrate or other officer, legally authorized, was necessary to enable an officer to effect a legal arrest, except when on actual view of the commission of an…
2Cited by7 opinions
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- LOCKETT v. STATECourt of Criminal Appeals of Oklahoma · 2014
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