State v. Mills

Citations

• 22 Del. 497
• 6 Penne. 497
• 69 A. 841
• 1908 Del. LEXIS 24

Syllabus

<p>Criminal Law—Assault—Intent to Commit Murder—Malice— Intent—Deadly Weapon—Trespasser—Arrest—Warrant—Protection of Life or Person—Defence of Dwelling House and Property.</p> <p>1. Murder, Malice, Assault and Intent defined.</p> <p>2. Although a police officer does not have a warrant for the arrest of the person charged, yet as a public police officer he would have lawful authority to arrest without a warrant any-person whom he found engaged in a breach of the peace, or any criminal offense, within his view or within his hearing.</p> <p>3. But even though the officer has authority to make an arrest within the defendant’s house and without a warrant, he must make the arrest in a lawful manner. He must use no more force and violence than is reasonably necessary to secure the arrest of the prisoner and convey him to a place of custody.</p> <p>4: Although every man has the right to defend both his person and</p> <p>his dwelling house against imminent danger of unlawful injury to either, yet he cannot use a deadly weapon in that behalf unless there is a reasonable necessity and ground for doing so.</p> <p>5. When a person is assailed within his own dwellin g house he need not retreat, but may make his stand there, even though he can retreat with safety; but he has no right to kill his assailant unless it reasonably appears to be necessary to prevent the felonious destruction of his property or habitation, or the commission of a felony therein, or to defend himself or his family therein against a felonious assault upon life or person.</p>