State v. Symes

Citations

• 20 Wash. 484
• 55 P. 626
• 1899 Wash. LEXIS 186

Syllabus

<p>HOMICIDE-RESISTING ARREST-EVIDENCE.</p> <p>Under the statutes of this state, as at common law, an officer may, without a warrant, arrest a person against whom he knows there is a charge of felony pending m another county.</p> <p>The illegality of an attempted arrest constitutes no defense for the killing of the person making the arrest, but renders the one committing the homicide guilty of manslaughter.</p> <p>Upon the trial of a defendant charged with killing an officer while resisting arrest, where the officer had cause to suspect the defendant, evidence that the defendant was innocent of the crime for which the arrest was attempted, is inadmissible.</p> <p>The admission in evidence of the warrant upon which the accused was arrested, is not erroneous, even if void upon its face, in a prosecution for killing an officer who had arrested the defendant upon the charge alleged in the warrant.</p>