State v. Miller

<p> Warrant giving initials of first and middle name'fpnly, not void— </p> <p>1. A warrant for the arrest of an accused party, in all other respects legal, but describing hind by the initials of his first and middle name, 'is not void for-that reason, and the same is a sufficient process to justify the officer in making the arrest ;-and this is so, if the affidavit upon which the warrant is issued, contains a similar description of the accused,</p> <p>Arrest under such warrant — Strategy of officer to effect arrest— Heading warrant after arrest—</p> <p>2. Where the officer holding such warrant, finds the accused armed with deadly weapons, ready to resist arrest by taking his life, such officer has the right, without first producing the warrant, to disarm the accused, and to use necessary strategy and deception for that purpose, in order to make the arrest without peril to his own life; and it is sufficient in such case, to produce and read the warrant, if requested, after the accused is so taken into custody.</p> <p>Killing officer on attempt to arrest — When murder in first degree—</p> <p>3. Where the accused, knowing that the officer is on his way to arrest him, arms and prepares himself to resist arrest, even to the taking of tfie officer’s life, and he purposely kills such officer in his attempt to disarm and arrest him, such killing is murder in the first degree.</p>