White v. State

Citations

• 70 Miss. 253

Syllabus

<p>1. Arrest without Warrant. Fresh pursuit. Gode 1880, § 8026.</p> <p>Where a burglary is committed at night, and, being discovered the next morning, an officer and others immediately follow, and, shortly coming upon the felon in hiding, he flees, and is followed, this is a fresh pursuit within the meaning of § 3026, code 1880, and a warrant for the arrest is not necessary.</p> <p>2. Same. Resisting arrest. Homicide. Self-defense.</p> <p>In such case, where the fugitive, being followed, is commanded by one of the pursuers, who is in_ advance of the officer, to surrender, and he refuses, and, when overtaken, kills such pursuer, 'who, at the time, presents a pistol, and seeks to arrest him, ho is guilty of murder, and cannot invoke the doctrine of self-defense.</p> <p>3. Same. Canse of arrest. Showing commission of felony.</p> <p>In such case, it is competent for the state to piove that the defendant had committed the burglary the preceding night, as tending to show that the arrest could lawfully be made on pursuit without warrant, and that the defendant knew why he was sought to be arrested.</p>