STATE v. MORRISEY

No. 146.

127 S.E.2d 283 (1962)

257 N.C. 679

STATE v. Johnnie MORRISEY.

Supreme Court of North Carolina.

September 26, 1962.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Ge. G. A. Jones, Jr., for the State.

W. G. Pearson, II, and C. C. Malone, Jr., Durham, for defendant appellant.


PER CURIAM.

The defendant's brief is devoted to the contention that his attempted arrest by Constable Chesnutt was unlawful and for that reason the trial judge erred in overruling his motion for nonsuit.

If Constable Chesnutt's attempt to arrest defendant was lawful, defendant was clearly guilty of an assault upon him. If the attempted arrest was unlawful, the defendant was permitted to use only such force as reasonably appeared to him to be necessary to prevent...

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