Minniard v. Commonwealth
Court of Appeals of Kentucky
Case 40 — INDICTMENT APPEAL FROM LESLIE CIRCUIT COURT. One has the right to resist arrest, even to killing, when he has reasonable grounds to believe and does believe that the officer and his posse are using the process of the law, not in good faith, but as an excuse for taking his life or inflicting on him great bodily harm.
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Case 40 — INDICTMENT APPEAL FROM LESLIE CIRCUIT COURT. One has the right to resist arrest, even to killing, when he has reasonable grounds to believe and does believe that the officer and his posse are using the process of the law, not in good faith, but as an excuse for taking his life or inflicting on him great bodily harm. All instructions given must be considered together, and that being done, the jury could not have been misled as to the law, which, as a whole, was properly given.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellants were indicted in the Leslie Circuit Court for the murder of Solomon Buckheart. They were found guilty of the crime of manslaughter, and their punishment fixed at confinement in the penitentiary for two years each. They have appealed to this court.
It appeal’s from the record that Isaac M. Bay, a constable, together with a large posse, went to the house of Israel Napier, one of the defendants, with a warrant, for the ostensible purpose of arresting the defendants for a supposed offense. The defendants resisted the arrest, and in the…
2Cited by5 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- State v. Van WormerSupreme Court of Kansas · 1918
- Caperton v. CommonwealthCourt of Appeals of Kentucky · 1920
- Smith & Shelton v. CommonwealthCourt of Appeals of Kentucky · 1922
- State v. DurhamSupreme Court of North Carolina · 1906