Ii S.W

651, 11 Ky. Law Rep. 731; Thomas v. Kinkead, 55 Ark. 502, 18 S. W. 854, 15 L. R. A. 558. Fleeing, an officer in making an arrest for a misdemeanor has no right to kill, although he may do so in case of felony; Head v. Martin, 85 Ky. 480, 3 S. W. He cannot kill a fleeing misdemeanant to prevent escape; Thomas v. Kinkead, 55 Ark. 502, 18 S. W. 854, 15 L. R. A. 558, 29 Am. St. Rep. 68; Brown v. Weaver, 76 Miss. 7, 23 South. 388, 42 L. R. A. 423, 71 Am. St. Rep. 512 (where the sheriff's official bond was held liable for the shooting by his deputy); contra, 1 Bish. Cr. Proc. § 161, which is criticised by the Arkansas court (which in its turn is reviewed in a later edition of the same work) and also by the Mississippi court. See also 12 Harv. L. Rev. 171, which approves the cases cited supra and strongly criticises Mr. Bishop. If the officer kill his prisoner in such case he is guilty of manslaughter; Reneau v. State, 2 Lea (Tenn.) 720, 31 Am. Rep. 626. If a person kill an officer in resisting an illegal arrest, without warrant, it is reduced from murder, which it would have been if the officer had a right to arrest, to manslaughter, or it may be no offence, if the person arrested had the right to use such force as was necessary in resisting; John Bad Elk v. U. S., 177 U. S. 529, 20 Sup. Ct. 729, 44 L. Ed. 874; Jenkins v. State, 3 Ga. App. 146, 59 S. E. 435. For unnecessarily rough treatment in making an arrest an officer has been held liable in exemplary damages; McConathy v. Deck, 34 Colo. 461, 83 Pac. 135, 4 L. R. A. (N. S.) 358, 7 Ann. Cas. 896. Reading a warrant and directing defendant to appear, is not an arrest; Baldwin v. Murphy, 82 Ill. 485; but see Shannon v. Jones, 76 Tex. 141, 13 S. W. 477. Arresting the body and exhibiting the process is enough; McNeice v. Weed, 50 Vt. 728. See Justifiable Homicide; Homicide; Reward; full notes in 19 Am. Dec. 485; 61 id. 151.