Thomas v. Kinkead
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. 1. An officer cannot take life in attempting to arrest or to prevent escape after arrest, in misdemeanor cases, unless-the party resists by force, endangering the life of the officer or threatening great bodily harm. The court’s instructions on that subject were erroneous, u Ky. L., 67; 2 Lea, 720; 1 Lewin, Cr.
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APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. 1. An officer cannot take life in attempting to arrest or to prevent escape after arrest, in misdemeanor cases, unless-the party resists by force, endangering the life of the officer or threatening great bodily harm. The court’s instructions on that subject were erroneous, u Ky. L., 67; 2 Lea, 720; 1 Lewin, Cr. Cases, 187 ; 3 S. W. Rep., 622; 44. Texas, 645 ; 50 Ala., 117; 1 Hale, P. C., 481 ; 1 East, P. C., 302; 65 N. C., 327; 44 Tex., 128 ; 106 N. C., 728; 11 S. W. Rep., 520. 2. As to the law of arrest, see Mansf. Dig., sec. 2005 ;…
1Opinion of the CourtMansfield, J.
This action was brought by the widow and minor children of John Thomas, deceased, against Ewing Kinkead, a constable of Pulaski county, and the sureties on his official bond, to recover damages for the alleged wrongful killing of Thomas by Jesse F. Heard, a deputy of the defendant Kinkead as such constable. Heard was also made a defendant. The complaint avers that the act of killing was committed under color of a warrant for the arrest of Thomas, to answer for a misdemeanor charged against him before a justice of the peace, and that it was done wantonly and without cause.
The defendants by…
2Cases cited5 opinions
- State v. . BryantSupreme Court of North Carolina · 1871
- State v. . SigmanSupreme Court of North Carolina · 1890
- Caldwell v. StateTexas Supreme Court · 1874
- Clements v. StateSupreme Court of Alabama · 1874
- Wright v. StateTexas Supreme Court · 1876
3Cited by27 opinions
- White v. BarnesSupreme Court of Virginia · 1924
- Smith v. StateSupreme Court of Arkansas · 1894
- Harding v. StateArizona Supreme Court · 1924
- Edgin v. TalleySupreme Court of Arkansas · 1925
- Fry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
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