DURHAM V. STATE
199 Ind. 567, 159 N.E. 145 (1927)
NATURE OF THE CASE: Durham (D) appealed his conviction for assault and battery.
FACTS: D, a deputy warden or commissioner of fisheries and game while engaged in the
duties of his office, arrested and sought to hold in custody one Charles Long, for a
violation of the fish and game law. Long, after being placed under arrest, resisted, and,
with a companion, attempted to escape in a row boat. D, wading out in the water, clung to
the boat and, after an exciting struggle or fight in the edge of the lake. Long beat D about
the head with an oar and D shot Long in the arm. D was charged with unlawfully committing an
assault and battery with intent and premeditated malice to kill and murder Long. At trial,
the judge instructed the jury that D was not authorized to use deadly force to apprehend
Long if Long resisted arrest for a misdemeanor. D was convicted of assault and battery. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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