Rivette v. State

The evidence in this case is for all practicable purposes the same as in the case of Dean v. State, ante, p. 466. They were argued together in this court and present identical assignments of error, except that in*477struction No. 14 in the present case varies from the corresponding instruction given in the Dean case to such an extent as to require the consideration of this court.

Instruction No. 14 given by the trial court in the case at bar is as follows: “The court further instructs the jury that where three persons determined to resist arrest in case an attempt to arrest them is made, and said…