McIntosh v. State

1. The defendant was jointly indicted with his son for murder, and was convicted of voluntary manslaughter. The judge erred in charging the jury as follows: “If you find from the evidence, including the defendants’ statements in this case, that the deceased was an officer, a bailiff, and without warrant or legal authority, or that he was only a private individual, who sought to arrest the defendant, Perry McIntosh [defendant’s son who was jointly tried with defendant and convicted of murder], then Perry McIntosh would have had the right to have resisted such arrest with force proportioned to…