Perry v. Gibson
| Decision Date | 20 November 1957 |
| Docket Number | No. 386,386 |
| Citation | 247 N.C. 212,100 S.E.2d 341 |
| Parties | Sherwood PERRY, Administrator of the Estate of James Perry, Deceased, v. C. P. GIBSON. |
| Court | North Carolina Supreme Court |
Taylor & Mitchell, Raleigh, for plaintiff appellant.
Arendell & Green, Alton T. Cummings, Raleigh, for defendant appellee.
The plaintiff assigns as error the failure of the trial court to instruct the jury 'that the jury and not the defendant is the judge of whether or not the defendant had reasonable grounds to believe that a misdemeanor had been committed in the presence of the defendant.'
The court read G.S. § 15-41, Chapter 58 of the Session Laws of 1955, to the jury, and instructed the jury 'that while it is not necessary that a crime, a misdemeanor, or a felony actually has been committed in the officer's presence, in order to justify the officer's making an arrest, it is necessary that the officer have reasonable grounds to believe that an offense has been committed in his presence, in order for him to make a lawful arrest.'
The trial judge likewise instructed the jury
The court further instructed the jury 'that where an officer has the right to make an arrest, that is where there is a breach of the peace in his presence or a threatened breach of the peace in his presence, or if he has reasonable grounds to believe that a misdemeanor has been committed in his presence, where one has in fact been committed or not, if he has reasonable grounds to so believe, then I instruct you that officer making an arrest may meet force with force sufficient to overcome any force offered by the...
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State v. Irick
...situations in which a police officer may use deadly force without fear of incurring criminal or civil liability. See Perry v. Gibson, 247 N.C. 212, 100 S.E.2d 341 (1957); Sossamon v. Cruse, 133 N.C. 470, 45 S.E. 757 (1903); G.S. 15A--401(d)(2). See also Corbett, Criminal Process and Arrest ......
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Giles v. FIRST VIRGINIA CREDIT SERVICES
...tumult and incite others to break the peace." State v. Mobley, 240 N.C. 476, 482, 83 S.E.2d 100, 104 (1954). See also Perry v. Gibson, 247 N.C. 212, 100 S.E.2d 341 (1957) (wrongful death case stating the same definition for breach of the peace). Such "`[a] breach of the peace may be occasio......
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Jenkins v. Averett
...— strong evidence" of abuse, to be weighed by the finder of fact. State v. Pugh 101 N.C. at 738, 7 S.E. at 758; Perry v. Gibson, 247 N.C. 212, 100 S.E.2d 341 (1957). In the present case no force was needed to restrain Jenkins. Since use of the unnecessary force was correctly found by the co......
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Jenkins v. Starkey, Docket No. 78-3852
...v. Barfield, 334 F.Supp. 475 (W.D.Mo.1971), and state, Skinner v. Brooks, 74 Ohio App. 288, 58 N.E.2d 697 (1944), Perry v. Gibson, 247 N.C. 212, 100 S.E.2d 341 (1957), In re Removal of Pickering, 25 Ohio App.2d 58, 266 N.E.2d 248 (1970), Manson v. Wabash R. Co., 338 S.W.2d 54 (Mo., 1960), a......