Alaniz v. Funk

CARMODY, Justice.

Action for wrongful death. The appeal is from the granting of a directed verdict at the close of plaintiff’s case.

The only problem is whether a jury question was involved in the case of a deputy sheriff’s killing a suspected felon in order to effect an arrest.

The ruling of the trial court was made upon facts which may be briefly stated: In the late afternoon, following the break-in of a National Guard armory, wherein some M-l and carbine rifles were stolen, the officers discovered a cache of four of the rifles hidden in some weeds in a ditch at the side of a country road. The…