Drennan v. People
Michigan Supreme Court
Error to the Recorder’s Court of Detroit. The plaintiff in error was convicted on an information for assaulting one John Gore, with intent to murder. On the trial, John Gore testified as follows: “I am a constable of the First Ward; I know defendant; on the 9th of February, 1861, at about one o’clock in the morning, I arrested defendant at a house kept by one TTilT on Gratiot street.
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Error to the Recorder’s Court of Detroit. The plaintiff in error was convicted on an information for assaulting one John Gore, with intent to murder. On the trial, John Gore testified as follows: “I am a constable of the First Ward; I know defendant; on the 9th of February, 1861, at about one o’clock in the morning, I arrested defendant at a house kept by one TTilT on Gratiot street. I told him I was an officer; had my star on; he knew I was an officer, a constable: I told him I wanted him to go with me; he asked what for; I told him I had a warrant for him; he said he would not go unless I…
1Opinion of the Court
Christiancy J.:
Is larceny to the amount of one dollar and fifty cents (in resisting the arrest for which the assault was made) an offense for which the constable might arrest the offender Under the circumstances of this case, without having the warrant in his possession? This is the main question in the case. It is admitted that, if the larceny charged was a felony, the constable under the circumstances had a right t'o make the arrest, and that, had the assault made by the prisoner in resisting the arrest, resulted in killing the constable, such killing would have been murder, unless the…
2Cases cited2 opinions
- Shay v. . the PeopleNew York Court of Appeals · 1860
- State v. PhinneySupreme Judicial Court of Maine · 1856
3Cited by31 opinions
- Duval v. HuntSupreme Court of Florida · 1894
- Morton v. United StatesCourt of Appeals for the D.C. Circuit · 1945
- State v. PhillipsSupreme Court of Iowa · 1902
- Brown v. StateSupreme Court of Alabama · 1895
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
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