State v. Hickey

Supreme Court of New Jersey

State v. Hickey

57 A. 264, 70 N.J.L. 623, 41 Vroom 623, 1904 N.J. Sup. Ct. LEXIS 211

DecidedFebruary 23, 1904

StatusPublished

This text of 57 A. 264 (State v. Hickey) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hickey, 57 A. 264, 70 N.J.L. 623, 41 Vroom 623, 1904 N.J. Sup. Ct. LEXIS 211 (N.J. 1904).

Pincite

Opinion

Per Curiam.

• The request to charge was properly refused. An officer, when resisted in lawfully making an arrest, is not justified in killing the offender for the purpose of guarding his person from bodily harm, unless the injury threatened is a serious one.

The inaccuracies in the judge’s charge, pointed out by the assignments of error, could not have prejudiced the defendant in maintaining his defence upon the merits and therefore afford no ground for reversing the conviction.

The other matters argued on behalf of the plaintiff in error are not brought up by any bill of exceptions.

The judgment should be affirmed.

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Per Curiam.

• The request to charge was properly refused. An officer, when resisted in lawfully making an arrest, is not justified in killing the offender for the purpose of guarding his person from bodily harm, unless the injury threatened is a serious one.

The inaccuracies in the judge’s charge, pointed out by the assignments of error, could not have prejudiced the defendant in maintaining his defence upon the merits and therefore afford no ground for reversing the conviction.

The other matters argued on behalf of the plaintiff in error are not brought up by any bill of exceptions.

The judgment should be affirmed.

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Bluebook (online)

57 A. 264, 70 N.J.L. 623, 41 Vroom 623, 1904 N.J. Sup. Ct. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hickey-nj-1904.