WRIT GRANTED AND MADE PEREMPTORY.
Where police, who are called to a public restaurant, see the body of the victim of a homicide and the person of defendant, who lies unconscious and wounded on the floor nearby, and the police are told by eye witnesses that defendant shot the victim and then shot himself, the unconscious defendant is effectively under "actual restraint" and, therefore, is under arrest when the police transport defendant to a hospital for medical treatment...
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