Harris v. State
| Decision Date | 06 March 1918 |
| Docket Number | 9396. |
| Parties | HARRIS v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
While a person may resist an illegal arrest by an officer, he may not lawfully use more force than is necessary to prevent the arrest; and in a particular case it is for the jury to determine whether the force used to prevent the illegal arrest exceeded what was necessary to that end, and in no case is such a person authorized to assault an officer upon the mere statement of the latter that he has a warrant for the former's arrest, and that he must consider himself under arrest. The officer must, by some physical attempt, endeavor to make the unlawful arrest before the other person can lawfully strike him or otherwise resist him by the use of physical force.
Under the rulings in the preceding note, and the facts of this case, the verdict finding the defendant guilty of assault and battery was authorized by the evidence, and the court did not err in overruling the motion for a new trial.
Error from Superior Court, Camden County; J. P. Highsmith, Judge.
Alice Harris was convicted of assault and battery, her motion for a new trial was overruled, and she brings error. Affirmed.
Jas. T. Vocelle, of St. Mary's, for plaintiff in error.
Alvin V. Sellers, Sol. Gen., of Baxley, for the State.
Judgment affirmed.
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State v. Rousseau, 31716
...killing arresting officers, and in such cases that issue is usually a question for the jury under all the circumstances. Harris v. State, 21 Ga.App. 792, 95 S.E. 268; 4 Am.Jur. 64, Arrest, § 92. But in a case such as this, it is an issue which must be passed upon by the court in the course ......
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State v. Robinson
...not justify an attack by him on the officer before any physical attempt is made to take him into custody. As said in Harris v. State, 21 Ga.App. 792, 95 S.E. 268:---- 'The officer must, by some physical attempt, endeavor to make the unlawful arrest before the other person can lawfully strik......