State v. Tripp

BRITT, Judge.

Defendant first assigns as error the failure of the court to sustain his motion for nonsuit interposed at the close of all of the evidence. We hold that the evidence was sufficient to survive the motion for nonsuit and the assignment of error is overruled.

Defendant assigns as error -the following instruction of the trial judge to the jury: “The defendant in this case had no right and no duty to arrest anyone or to take anyone to the police. He was not acting, if he did act, in any proper exercise or lawful authority.” This assignment of error is sustained and entitles defendant…