Head v. Martin
Court of Appeals of Kentucky
Case 60 — PETITION ORDINARY APPEAL FROM OLDHAM CIRCUIT COURTl 1. Appellant’s attempt to arrest appellee was in the manner provided by law. (Criminal Code, secs. 42, 43; Sharswood’s Blackstone, 3d book, p. 288.) 2. The officer had the right to use such means as were necessary to make the arrest. (Fleetwood v. Commonwealth, 80 Ky. 2; Wharton on Criminal Law, sec. 1260.) Whether the means used wore necessary, was a question of fact which should have been left to the jury.
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Case 60 — PETITION ORDINARY APPEAL FROM OLDHAM CIRCUIT COURTl 1. Appellant’s attempt to arrest appellee was in the manner provided by law. (Criminal Code, secs. 42, 43; Sharswood’s Blackstone, 3d book, p. 288.) 2. The officer had the right to use such means as were necessary to make the arrest. (Fleetwood v. Commonwealth, 80 Ky. 2; Wharton on Criminal Law, sec. 1260.) Whether the means used wore necessary, was a question of fact which should have been left to the jury. (2 Wharton on Grim. Law, sec. 1259.) 3. Even if the answer be construed as alleging that appellee had been arrested, and that…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
The single question presented is, whether a peace officer may, in order to arrest one upon a warrant for bastardy, or to prevent his escape after arrest, kill him when fleeing. If he has the right under such circumstances to shoot and wound him, as was done in this instance, then it necessarily follows that he can not be held responsible if it results in death.
It is attempted to draw a distinction between a case where one is attempting to avoid arrest, and where one is endeavoring to escape after arrest. If, however, the offender is in flight, and…
2Cases cited2 opinions
- Mockabee v. CommonwealthCourt of Appeals of Kentucky · 1880
- Fleetwood v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by15 opinions
- State v. . MillerSupreme Court of North Carolina · 1929
- Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
- Johnson v. Williams' Admr.Court of Appeals of Kentucky · 1901
- Stevens v. CommonwealthCourt of Appeals of Kentucky · 1906
- Holloway v. . MoserSupreme Court of North Carolina · 1927
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