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The Pacific Reporter Volume 146 downloadPDF, EPUB, MOBI

The Pacific Reporter Volume 146 by West Publishing Company
The Pacific Reporter Volume 146
Author: West Publishing Company
Number of Pages: 1186 pages
Published Date: 13 May 2014
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781236278456
Download Link: The Pacific Reporter Volume 146

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...permitted to go to that extent, unless the culprit assaults the officer, when the right of self-defense accrues to the officer. By section 1355, however, it is made the duty of the marshal to arrest any one who in his presence is found violating any law of the state. It will be observed that the statute Is mandatory in its terms, and the marshal, who refuses or fails to effect the arrest of an offender, who commits or is committing an offense within his view, subjects himself to the penalty of removal. This is not a case where there was a peaceable submission to the arrest, or where one who is running away from the officer is killed or maimed by the officer, but where there was evidence of resistance and assault and battery by Bowen upon defendant sufficient to go to the jury on the question of self-defense. In this connection the court Instructed the Jury that if the offense was not a penitentiary offense, and for which the marshal was attempting to arrest the deceased, and if such offense had not been in the presence of the peace officer, or within his view immediately before or at the time of such attempted arrest, then the officer was acting Illegally in attempting to arrest or restrain the deceased, and he will not be protected in any way as an officer would be in attempting to make a lawful arrest The court by a separate instruction told the Jury that "Immediate" or "immediately," as used in the instructions, "does not necessarily mean instantly, but means promptly and expeditiously. An officer has a right to arrest without a warrant for an offense committed in his presence; but, in order to do so, he must act with such expedition and promptness as the circumstances will permit He is not permitted to allow...

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