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Black Crawling Systems Archive Release 1.0
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Black Crawling Systems Archive Release 1.0 (L0pht Heavy Industries, Inc.)(1997).ISO
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Self_Defense.txt
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1996-07-08
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55 lines
From the Radio Free Michigan archives
ftp://141.209.3.26/pub/patriot
If you have any other files you'd like to contribute, e-mail them to
bj496@Cleveland.Freenet.Edu.
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YOUR RIGHT OF SELF-DEFENSE
"Citizens may resist UNLAWFUL arrest to the point of taking an arresting
officer's life if necessary." PLUMMER V. STATE, 136 Ind. 306. This
premise was upheld by the SUPREME COURT of the United States in the
case: JOHN BAD ELK V. U.S., 177 U.S. 529. The Court stated: "Where
the officer is killed in the course of the disorder which naturally
accompanies an attempted arrest that is resisted, the law looks with
very different eyes upon the transaction, when the officer had the
right to make the arrest, from what it does if the officer had no
right. What may be murder in the first case might be nothing more
than manslaughter in the other, or the facts might show that no
offense had been committed."
"An arrest made with a defective warrant, or one issued without
affidavit, or one that fails to allege a crime is within jurisdiction,
and one who is being arrested, may resist arrest and break away. lf the
arresting officer is killed by one who is so resisting, the killing
will be no more than an involuntary manslaughter." HOUSH V. PEOPLE,
75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452;
State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349;
State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
"When a person, being without fault, is in a place where he has a right
to be, is violently assaulted, he may, without retreating, repel by
force, and if, in the reasonable exercise of his right of self defense,
his assailant is killed, he is justiciable." RUNYAN v. STATE, 57 Ind. 80;
Miller v. State, 74 Ind. 1. "These principles apply as well to an officer
attempting to make an arrest, who abuses his authority and transcends the
bounds thereof by the use of unnecessary force and violence, as they do
to a private individual who unlawfully uses such force and violence."
JONES v. STATE, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75;
Skidmore v. State, 43 Tex. 93, 903.
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Radio Free Michigan archives by the archive maintainer.
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