Roberson v. State

• Decision Date: 15 November 1890
• Citation: 14 S.W. 902
• Parties: ROBERSON v. STATE.
• Court: Arkansas Supreme Court

14 S.W. 902

ROBERSON v. STATE.

Supreme Court of Arkansas.

November 15, 1890.

Appeal from circuit court, Johnson county: J. E. CRAVENS, Judge.

Appellant, T. H. Roberson, was convicted for manslaughter, upon an indictment charging him with the murder of James Howard. The evidence showed that, on the night the homicide occurred, appellant was a deputy-marshal for the incorporated town of Dardanelle, and was on his beat on duty about 11 o'clock P. M., when he was approached by one Bell Sanderson, who was bare-footed and dressed in her night-clothing, and who called upon appellant for assistance, stating to him that three men had just broke open her door, beat her, and threatened to kill her or any son of bitch who would try to arrest them. Appellant went hurriedly to the scene of the trouble, but when he reached the house the deceased, James Howard, and two other men had just left it and gone in the direction of another portion of the town, but could be heard whooping on their way. The appellant followed immediately, and came across them at a disreputable house in the town. Appellant arrested deceased, and started with him to jail, having him by the arm or lapel of the coat, and had gone some distance, when deceased broke loose from him, saying, "Turn me loose. You, nor no other one damn man, can take me;" and at the same time he drew a black-snake whip, loaded at the butt, and raised it to strike appellant, when he shot him with a five-shooting pistol one shot, leaving four chambers of the pistol still loaded, and the deceased walked about 10 steps and fell. Appellant had no warrant for the arrest of the deceased. Instruction No. 25, given by the court on its own motion, and which is assigned as error, is as follows: "If you believe, from the evidence in this cause, that the breaking into the house of Bell Sanderson by James Howard, as stated to deceased, was not, as so reported to him, an unlawful entry into her house to commit a felony, and therefore not burglary, and he had no reason for believing a burglary had been committed, neither as an individual nor as deputy town marshal was he authorized to arrest the deceased, James Howard, without a warrant; and if he was arrested for that reason alone, by the defendant, without a warrant, such arrest was improperly made, and the deceased had a right to reasonably resist such arrest; and, if a contest ensued between them, the defendant was not entitled to the protection due an officer in performing his...