Smith v. State

(After -stating the foregoing facts.) 1. Error is assigned on the following charge of the court: “We are not trying the question of resisting an officer. The question for you to determine is whether or not an assault and battery was committed on this occasion.” Error is also assigned on the court’s refusal, on timely written request, to charge as follows: “I charge you that one upon whom an arrest is unlawfully being made by an officer, that such person sought to be arrested has the right to resist force with force proportionate to that being used in detaining him, and that if such arrest or…