Sims v. Smith

The defendant, a police officer of the city of new London, shot and killed plaintiff’s intestate while the latter was attempting to escape from his custody after having been placed under arrest. He assigns error in the court’s charge as to the law controlling the legality of his arrest of the plaintiff’s intestate. To test the correctness of the charge upon this point it is necessary to consider only certain facts which, from the finding of the evidence offered by both parties, appear to be undisputed. The defendant arrested Sims, the plaintiff’s intestate, upon the complaint of one Burhoe…