Delaware Court of Oyer and Terminer, 1924

State v. Lewis

State v. Lewis
Delaware Court of Oyer and Terminer · Decided May 28, 1924 · Pennewill
33 Del. 123; 3 W.W. Harr. 123; 131 A. 566; 1924 Del. LEXIS 8

Counsel

Sylvester D. Townsend, Jr., Attorney-General, Clarence A. Southerland and Leonard G. Hagner, Deputy Attorneys-General, for the State., Philip L. Garrett and Frank L. Speakman for defendant.

State v. Lewis

Opinion of the Court

Pennewill, C. J.,

charged the jury, in part, as follows:

Officers of the law, such as sheriffs, constables, policemen and police matrons, while in the due and lawful execution of their office, are under the peculiar protection of the law, and the killing of such an officer, while in the due and lawful performance of the duties of his office, has been deemed and presumed, in the absence of evidence to the contrary, to be murder of the second degree. State v. List, Houst. Cr. Cas. 133, 142, 143.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.