Teal v. State, (1935)
Court: Supreme Court of Florida
Number:
Visitors: 10
Judges: BUFORD, J. —
Attorneys: Clyde E. Mayhall, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for the State.
Filed: May 18, 1935
Latest Update: Mar. 02, 2020
Summary: In this case plaintiff in error was town marshal of the Town of Graceville, Florida, and killed one W. F. Everedge by shooting him with a pistol. He defended upon the theory of self defense. It was not contended that the homicide was justifiable under the provisions of Section 5033 R. G. S., 7135 C. G. L., applying to homicides committed by public officers, so the fact that the accused was town marshal is only an incident and has no controlling bearing on the case. The accused was indicted charg
Summary: In this case plaintiff in error was town marshal of the Town of Graceville, Florida, and killed one W. F. Everedge by shooting him with a pistol. He defended upon the theory of self defense. It was not contended that the homicide was justifiable under the provisions of Section 5033 R. G. S., 7135 C. G. L., applying to homicides committed by public officers, so the fact that the accused was town marshal is only an incident and has no controlling bearing on the case. The accused was indicted charge..
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I can't agree to the suggestion that a town marshal has to turn around and run away from every hostilely inclined person who insists on starting a row with him because such officer has had to arrest some relative or friend. However, the officer in this case was evidently found guilty of shooting a man that he might have subdued with his club, so on the theory of guilty of use of unnecessary force and violence, I concur in the result.
Source: CourtListener
