Kernan v. State

This was a prosecution for an assault and battery. Trial and conviction.

It is urged that the accused acted in self-defense, and that the evidence does not sustain the finding.

It appeared in evidence that one Vanzant, alleging that he had a warrant for the arrest of Kernan, took hold of him and continued to hold him, whilst he, upon the demand of Kernan, was proceeding to read the warrant. Whilst he was thus holding him, Kernan struck him. It is said the act was not, under the circumstances, illegal.

Our statute prescribes the acts and duties incumbent upon an officer in making an arrest.…