Defendant had time to cool off. No reasonable jury could find that the factual scenario in this case fits the crime of voluntary manslaughter. The court did not err. Defendant also contends that the court should have entered judgment of acquittal on the escape charge, see V.R.Cr. P. 29, because he was never taken into custody.
Defendant is correct that there is no escape absent lawful custody.
Lawful custody does not arise until defendant is brought under the officer's control through physical restraint, or submits to the officer's authority. A suspect who resists, as defendant did here, is not in custody until his liberty is restrained. In Blaine, the defendant, who had injured his neighbor during a dispute, went to the Windsor police station to describe his version of the incident. While he was speaking to one officer, another entered the room and told him he had a warrant for his arrest. The defendant drew a gun and pointed it at the arresting officer.