Napper v. State

Duckworth, Justice.

(After stating the foregoing facts.) An arrest for a crime may be made by an officer without a warrant in three instances only: (1) if the offense is committed in his presence, or (2) the offender is endeavoring to escape, or (3) for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. Code, § 27-207.

It is admitted that the slain officer had no warrant when he arrested the defendant. There was no proof of his violating any municipal ordinance, and the State made no contention to that effect. It is contended, however, that he was…