Perry v. Gibson

The plaintiff assigns as error the failure of the trial court to instruct the jury “that the jury and not the defendant is the judge of whether or not the defendant had reasonable grounds to believe that a misdemeanor had been committed in the presence of the defendant.”

The court read G.S. 15-41, as amended by Chapter 58 of the Session Laws of 1955, to the jury, and instructed the jury “that while it is not necessary that a crime, a misdemeanor, or a felony actually has been committed in the officer’s presence, in order to justify the officer’s making an arrest, it is necessary that the…