Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-11-10
MAY RESIST POLICE WITHOUT
a WARRANT, -.
Judge Richardson SO Instructs Jury
In Case OF Patrolman Sowell.
Colorcd Man Is Acquitted.

Policeman Had No Right to Break
Into Wray's Dwelling Unless He
! Had Ground 20 Believe Man Had
Committed q Felony
| After receiving specific instructions
from the court that unless the police
officer had warrant in his possession
for the arrest Of the man at the time
IEo broke open the door of his resi-
Idence, or had reasonable grounds to
believe that the man had committed
a felony, he was a trespasser, and the
prisoner had a right under the law
to resist any attack made upon, the
jury in tho Hastings Court yesterday
AFTERNOON acquitted James Wray, col
ed, charged with attempting to kill
Patrolman r. b. Sowell, Jr., of the
Second District.
| Jurymen reached their verdict with
cut leaving their seats in the jury box
lSeveral police officers were in the
courtroom at the time, and Judge ID.
&c. Richardson, after hearing the YER
dict read, turned to them and said ne
hoped that the case would serve as =.
warming to them and brother officers
of the department. In recent months
several complaint have been filed
against officers for assuming author
ity they did not possess when not for
Titled with proper warrants.
KICKED IN PANEL OF DOOR
| TO FORCE AN ENTRANCE.
| According to the testimony intro
drced, Patrolman Sowcll, who was In
Icitizen's clothes at the time Of the
trouble. broke open the door to Wray's
home. He kicked in a panel Of the
door, and forced the catch with his
shoulder. The officer said that he han
an attachment for the Negro under
another name from the Police court.
| The Negro resides in what Is com
|monly known as "Pcnitcntiary Bottom
and has a police record. Some years
ago he served time in the penitcn.
Itiary, 1t was said, but since his re
lease has gone straight" becoming
n member of church and leading
an honorable life. He was suspected
1t Is understood, Of selling liquor, and
the officer was making an investig.,.
ition.
Sowell forced his v-ey into the Ne
gro's home late one night several
weeks ago, with drawn revolvers
Wray Is said to have thrown n glass
OF beer at him. and then to have en-
Gagged the officer in a struggle. Dur
Ing this tussel one Of the officers re
Ivolvers was wrenched from his
Igrasp and fired, the bullet striking
the Negro and causing q slight injury
THE officer was then able to effect the
mans arrest.
In search Of the home a small quar
fifty Of beer was found by the police
lorficer and Wray was also charged
with violating the State Prohibition
law. o,ty.sN
Judge Richardson's instructions tc
1.-THE jury in the case were as follows
HAD RIGHT TO USE FORCE IN
RESISTING OFFICERS ATTACK
"The court instructs the jury that
lif they believe from the evidence that
the witness, Sowell. broke in to the
dwelling house Of the accused in the
might time. and that he the said Sowell
ibid not chem and there have a warrant
lin his lpossession for the accused, or
that [re, the said Sowell, did not then
have reasonable ground to believe
that the accused had committed a fel
|ony, then the said Sowell was a tres
Easser upon the premises of the accus
cd, and he, the accused had a right
under the law to resist any attack
made upon him or to use such force
as may have been necessary to repel
the said Sowell, although they (tht
jury may further believe that the &C
cused had committed q misdemeanor. "
WINCHESTER NEWS.