Reneau v. State
| Decision Date | 30 September 1879 |
| Citation | 70 Tenn. 720 |
| Parties | Hiram Reneau v. The State. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM JEFFERSON.
Appeal in error from the Circuit Court of Jefferson County. J. G. ROSE, J.
J. M. MEEK and J. P. SWANN for Reneau.
ATTORNEY-GENERAL LEA for the State.
The prisoner appeals from a conviction of manslaughter for the killing of Vineyard Thomas. The facts are that Thomas, the deceased, was arrested by the prisoner, who was a constable, under a warrant charging an assault and battery, before the justice of the peace. Thomas pleaded guilty, and was adjudged to pay a fine and costs, and in default of security was committed to jail, and in the execution of a mittimus issued by the justice for that purpose, the prisoner started with Thomas to the county jail, accompanied by another person as guard. On the route Thomas started to run and make his escape. Neither the prisoner or his guard pursued, but after commanding Thomas three times to halt, and not being obeyed, the prisoner fired two shots at Thomas, one of which took effect, killing him almost instantly. The prisoner is shown to be a man of good character, and he expressed regret at the result, saying that he did not intend to kill the deceased. The latter was of bad character for violence, and had threatened that he would not submit to arrest. The law on this subject, as laid down by Mr. Bishop, is, in substance, that an officer having a prisoner in custody for felony who attempts escape, will be excused for killing him if he can not be otherwise retaken, but if he can be otherwise retaken in any case without resort to such harsh measures, it will be at least manslaughter to kill him. But in cases where the person slain is arrested or held in custody for a misdemeanor, and he fly or attempt to escape, it will be murder in the officer to kill him, although he can not be otherwise overtaken; yet, under some circumstances, it may be only manslaughter, as if it appear that death was not intended. 2 Bishop's Cr. Law, secs. 648, 649. It is considered better to allow one guilty only of a misdemeanor to escape altogether than to take his life. And we may add that it may be a question worthy of consideration whether the law ought not to be modified in respect to the lower grade of felonies, especially in view of the large number of crimes of this character created by comparatively recent legislation, whether as to these even escape would not...
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Carter v. City of Chattanooga, Tenn.
...than such force will prevent the escape. The parties also agree that, so construed, the statute merely states the common law. Reneau v. State, 70 Tenn. 720 (1879); Love v. Bass, 145 Tenn. 522, 238 S.W. 94 (1921); Scarbrough v. State, 168 Tenn. 106, 76 S.W.2d 106 (1934); Johnson v. State, 17......
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Ryder v. City of Topeka
...(citing Holloway v. Moser, 193 N.C. 185, 136 S.E. 375 (1927); State v. Smith, 127 Iowa 534, 535, 103 N.W. 944, 945 (1905); Reneau v. State, 70 Tenn. 720 (1879); Brooks v. Commonwealth, 61 Pa. 352 (1869); Roberts v. State, 14 Mo. 138 (1851); see generally R. Perkins & R. Boyce, Criminal Law ......
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...E.g., Holloway v. Moser, 193 N.C. 185, 136 S.E. 375 (1927); State v. Smith, 127 Iowa 534, 535, 103 N.W. 944, 945 (1905); Reneau v. State, 70 Tenn. 720 (1879); Brooks v. Commonwealth, 61 Pa. 352 (1869); Roberts v. State, 14 Mo. 138 (1851); see generally R. Perkins & R. Boyce, Criminal Law 10......
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Francis v. State
...shed blood, much less threaten life, in arresting or preventing the escape of one charged with an offense less than a felony. See Reneau v. State, 70 Tenn. 720; Human v. Goodman, 159 Tenn. 241, 18 S.W.2d 381; Johnson v. State, 173 Tenn. 134, 114 S.W.2d Not only was Officer McLain not justif......
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...(Iowa 1905); Brooks v. Commonwealth, 61 Pa. 352, 357, 360 (1869); Holloway v. Moser, 130 S.E. 375, 376 (N.C. 1927); Reneau v. Tennessee, 70 Tenn. 720, 723 (101) See ROLLIN M. PERKINS & RONALD N. BOYCE, CRIMINAL LAW 1099, 1102 & n.70 (3d ed. 1982); Steven C. Day, Shooting the Fleeing......
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Pronouncements of the U.s. Supreme Court Relating to the Criminal Law Field: 1984 - 1985
...Conversely, a flat prohibition was imposed against the use of deadly force to stop a fleeing misdemeanor suspect. E.g., Reneau v. State, 70 Tenn. 720 (1879); Brooks v. Commonwealth, 61 Pa. 352 (1869); see generally Day, Shooting the Fleeing Felon: State of the Law 14 Crim. L. Bull. 285, 286......