Barnwell v. State

Stolz, Judge.

The appellant and his brother, Major Barn-well, were tried and convicted of aggravated assault and motor vehicle theft. The appeal is from the judgment overruling the motion for new trial as amended. Held:

1. The trial court did not err in failing to charge that the appellant had the right to escape or resist arrest and that, in resisting arrest, he would be authorized to use such force as was reasonably necessary to prevent the illegal arrest if the jury found the arrest to be illegal. The uncontroverted evidence shows that the law enforcement officer saw three men together, with…