State v. Nott

The defendant was marshal of the incorporated town of Gravity and on April 22, 1913, struck Ed Brand on the head with a “billy,” thereby causing his death. The evidence tended to show that Brand was intoxicated; that this was made an offense by the town ordinances and that thereunder it was the duty of defendant to arrest Brand and that the killing occurred in attempting so to do. "Whether defendant struck Brand once only with his “billy” or repeatedly was in dispute. The evidence of the state tended to show that Brand had jerked away from defendant once or twice; that then defendant struck…