Daily capital journal. (Salem, Oregon) 1903-1919, 1910-08-03
MEYERS. CASE REVERSED.


dant and had he relied upon them
alone the verdict of the jury for
murder in the second degree in the
circuit court would have remained
undisturbed The opinion is writ
ten by Justice Mcbride.
Was Reversible Error.
'We are of the opinion" says the
court after making statement of
the case in its opinion, and review
ing the evidence in the case. that
! the court erred in admitting the tes-
timony of Witness Anderson. Evi-
dence of threats, made by the de-
fendant against a person subse-
quently killed by him, may be intro
duced to show deliberation, premedi-
tation or malice And threats
against a particular class of persons,
as, for instance, a threat to kill all
policemen, are admissible in a pros
ecution for killing a member of the
class indicated in the threats. In
the case at bar it appears that the
defendant had said, in effect, If they
arrest me like that fellow was ar
rested I would shoot them
mo showing was made of the
circumstances attending the arres;
in question. whether it was made by
an officer or some private person.
and the Witness Anderson was una.
Bile to state even the name. of the
person arrested. 1t was casual re-
mark made several months before
and evidently did not refer to the
deceased, nor was it shown to have
referred to policemen or arresting
officers as a class. The evidence was
too remote to have any legitimate
bearing upon the case. The admis-
sion of this testimony was highly
prejudicial to the defendant and
was reversible error"
Advocates Humane Rule.
Neither of these propositions are
sound law" says the court in COM
menting upon contentious raised by
the defense, namely that a person
unlawfully arrested has a right to
take life, if necessary, to free him
self from such unlawful arrest; and |
that a homicide, committed in re-
sisting an unlawful arrest, as a mat
ter of law can be no greater offense |
than manslaughter.
while there are cases" it con-
tinues, holding that one threatened
with an unlawful arrest may use
such force as is necessary to free
himself and maintain his liberty
even to the extent of taking the life
of the aggressor, we are inclined to
adopt the more humane and civil
lied rule, that where the arrest is
made by a known officer, and moth
ing is to be reasonably apprehended
beyond mere temporary detention
in jail, resistance can not be carried
out to the extent of taking life.
This is the doctrine announced by
Mr.. Wharton in his work on homi-
eide and his authorities cited sus- {
tain it.
When Life May Be Taken.
1--WE do not wish to be Understood
as holding that cases may not arise
n which one may use a deadly wea-
BON to protect himself against an
unlawful arrest. Thus, where the
lrresting party himself uses a dead
y weapon or signifies his immediate {
Intention to do so, or where an un
authorized person, being armed, at :
empts to break into ones dwell !
ng to make an unlawful arrest, or g
where it is attempted in such a way v
is to put one in fear of death or
Teat bodily harm, in such instances
me may use a deadly weapon.
"But we wish to be understood as q
olding emphatically that where the ,
tempted arrest is made by Z -
nown officer, and there is nothing :,
0 be apprehended beyond a mera >
detention, the question of =
he right of such officer can not be
ried with pistol"
In commenting upon the question v
S 70 whether Judge Burnett should
ave ruled on the question as to T.
neither the arrest so aroused the p
assions of Meyers as to reduce the .
hense to manslaughter, the court 1
lys that this was question WHICH Il
to the jury, and that his II
cton was in referring it to the u
Try for its decision was correct ll
The court also says that the cir c'
nit court in refusing to listen to II
uthorities by counsel was not in er- W
or as any court that felt that it was c'
Efficiently advised as to the law had p
right to decline to listen to the a
'ading of authorities upon it, n
Story of Tragedy. CO
The tragedy which resulted in the W
rest of George Meyers, and which 81