H.M.
THE RIGHT TO REPEL FORCE BY FORCE
Tue Sep 2 04:44:52 2003
64.140.158.17

JUSTIFIABLE HOMICIDE

THE RIGHT TO REPEL FORCE BY FORCE

Citizens may resist UNLAWFUL ARREST to the point of taking an ARRESTING
OFFICER'S LIFE if necessary. Plummer v. State, 35 Ind. 308 (1893)

This fundamental premise was upheld by the Supreme Court of the united
States in the case of John Bab Elk v. U.S.,177 U.S..929 (1900) when the court
stated:
where the OFFICER is killed in the course of the disorder which naturally
accompanies an attempted arrest that is resisted, the law looks with
different eyes upon the transaction, when the OFFICER had THE RIGHT to make
an arrest, from what it does if the OFFICER had NO RIGHT. What might be
murder in the first case might be nothing more than manslaughter in the
other, or the facts might show that NO OFFENSE had been COMMITTED.

An arrest made with a defective warrant; or one issued without a Affidavit;
or one that fails to allege a crime is without jurisdiction, and one who is
being arrested, may resist arrest and break away. If the ARRESTING OFFICER
is killed by the one who is so resisting, the killing will be no more than an
INVOLUNTARY MANSLAUGHTER.

Houah v. People, 75 Ill. 491; reaffirmed and quoted in State v. Leach, 7
Conn.452; State v. Glasson, 32 Kan. 245; Ballard v. State, 43 Ohio 340; State
v. Rousseau, 241 P2d. 447: State v. Spaulding, 34 Minn. 361..

When a person; being without fault, is in place where he has a right to be,
is violently assaulted, he may, without retreating, repel force by force, and
if, in the reasonable exercise of his right of self defense, his assailant is
killed, he is justifiable..
Ruym(?) v. State, 57?(67?) Ind. 90; Miller v. State, 74 Ind. 1 ...

These principles apply as well to an officer attempting to make an arrest,
who abuses his authority and transcends the bounds thereof by the use of
unnecessary force and violence, as they do to a private individual who
lawfully uses such force and violence.
Jones v. State, 26 Tex. App. 1; Basverts v. State, 4 Tex. App. 175; Skidmore
v. State, 43 Tex.93..

We shall either be ruled by GOD or
We shall be ruled by tyrants
(William Penn )